AIR 1985 BOMBAY 249 ::(1984) Mah LJ 1001 ::1985 (2) RenCR 38 ::(1985) 1 RenCR 213 ::(1985) 1 RentLR 560

Bombay High Court

Hon'ble Judge(s): Dhabe , J

(A) C.P. and Berar Letting of Houses and Rent Control Order (1949) , Cl.13(3)(ii)— Constitution of India , Art.226— Civil P.C. (5 of 1908) , O.22 R.10— One co-sharer initiating eviction proceedings on ground of habitual default - During pendency of appeal premises in question going to share of other co-sharer in partition of joint family property - Co-sharer initiating proceedings has locus to continue the proceedings in appeal and further proceedings Where a co-sharer in joint family sought permission to terminate tenancy on ground of 'habitual default', he would have locus to continue proceedings in appeal and further proceedings notwithstanding the fact that during pendency of appeal, the property in respect of which proceedings were initiated fell to the share of another co-sharer in a partition of joint family property as permission on ground of habitual default related to the right in property and was not in relation to personal right of the landlord. (B) C.P. and Berar Letting of Houses and Rent Control Order (1949) , Cl.13(3)(ii)— Habitual default - Tenant found to be in habit of paying rent for two months over a period of two years - Before filing of application for permission to terminate tenancy, tenant in arrears of rent for four months - Held, tenant was habitual defaulter ....