VASUMATIBEN GAURISHANKAR BHATT Vs. NAVIRAM MANCHHARAM VORA

JUDGEMENT

(1.) This appeal by special leave raises a short question about the construction and effect of Section 12 (3) (a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (No. 57 of 1947) (hereinafter called 'the Act'). The appellant has been tenant of one room in a residential building known as Lalbang situated in Badekhan's Chakla in the City of Surat since 18th October 1935. Under the rent note, she is required to pay a monthly rent of Rs. 18. On October 12, 1949, respondents 1 and 2 purchased the said property. It appears that on November 21, 1950, they served a notice on the appellant to vacate the premises let out to her on the ground that she was in arrears of rent from July 1, 1950. On receiving the said notice, the appellant paid a part of the rent, but again fed] into arrears, and so, the respondents served a second notice on her on 'February 7, 1951, claiming arrears from October 1, 1950. The appellant did not vacate the premises nor did she pay all the arrears due from her. A third notice was accordingly served on her on March 27. 1953, in which the respondents claimed to recover arrears from 1st January 1951, that is to say. arrears for two years and two months. A few days after this notice was served, S. 12 (3) of the Act was amended by the Bombay Amending Act No. 61 of 1953, and the amendment came into force on the 31st March 1954. The respondents then filed the present suit against the appellant on April 12, 1954, in which they asked for a decree for eviction against the appellant on the ground that they wanted the premises let out to the appellant bona fide for their personal use, and that the appellant was in arrears for more than six months. This suit was resisted by the appellant on several grounds. Pending the hearing of the suit, the appellant paid by instalments in all Rs. 1,470 before the date of the decree, So that at the date when the decree was passed, no arrears ere clue from her.

(2.) The learned trial Judge upheld both the pleas made by the respondents and passed a decree for eviction against the appellant. He held that the respondents reasonably and bona fide required the property for their personal use and that the appellant was in arrears of rent for more than six months. This decree was challenged by the appellant by an appeal preferred before the District Court at Surat. The learned District Judge held that the respondents had failed to prove that they needed the premises reasonably and hone fide for their personal use, hilt he accepted their case that the appellant was in arrears of rent for more than six months and that the suit fell within the scope of S. 12 (3) (a) of the Act. That is how the decree passed by the trial Court was confirmed in appeal. The appellant then challenged the correctness of this decree by a revisional petition filed before the Gujarat High Court. This petition ultimately failed and the decree passed against her was confirmed. It is against this decision that the appellant has come to this Court, and on her behalf, Mr. Pai has contended that the High Court was in error in holding that the requirements of S. 12 (3) (a) as amended justified the passing of the decree against the appellant.

(3.) It appears that S. 12 of the Act has been amended from time to time. Before the Amending Act No. 61/1953, came into force, the said section read thus: