BAI HIRAGAURI Vs. ABDUL KADAR MAMADJI

JUDGEMENT

(1.) These are appeals by special leave from the judgment and Order dated October 18, 1966 of the High Court of Gujarat at Ahmedabad in Civil Revision Applications No. 446 of 1962 and 569 of 1962 respectively.

(2.) Bai Hiragauri - the appellant, is the aggrieved landlady and the respondents Abdul Kadar Mamadji and Abdul Rahim Musaji respectively are the tenants. The suits were for their eviction. Abdul Kadar was let out the premises bearing no. 1155 on a monthly rent of Rs. 23/- and Abdul Rahim was let out another shop bearing no. 1155/2-3 and the monthly rent was Rs. 40/-. The tenants had agreed to bear the dues in respect of municipal taxes and consumption of electricity. Abdul Kadar did not pay the rent from 1st November, 1956 to 31st August, 1957 and similarly Abdul Rahim was in arrears of rent from 1st February, 1957 to 31st August, 1957. Under the law, they were liable to be evicted for being in arrears for more than six months. As required by law the landlady gave them notice of eviction on 12-9-1957 calling upon them to pay the arrears of rent and to quit and deliver up vacant possession of the shops in their possession on or before the 30th September, 1957. The tenants did not pay up nor did they send a reply to the notice. So the landlady filed two separate suits one being Civil Suit No. 4613/1957 and the other being 2612/1957. The suits were contested. Both the suits were consolidated and disposed of together. The Trial court by its judgment dated the 17th November, 1960 held that the tenants were in arrears for more than the statutory six months; that the standard rent was the same as claimed by the landlady; that the tenants were liable to pay the municipal tax in addition and that in view of S. 12 (3) (a) of the Bombay Rent Act, as applied to the Gujarat area, both the tenants were liable to be evicted.

(3.) The tenants went in appeal to the City Civil Court. The appeals were heard together and the learned City Civil Judge who heard the appeals confirmed the findings and the decrees of the Trial Court. The appeals were disposed of on January 31, 1962. From this judgment the two tenants filed Civil Revision Applications to the High Court. The learned single Judge, who heard the Revision applications, relying upon a previous judgment of that court, held that since the rent was not "payable by the month" as required by Section 12 (3) (a) referred to above the cases fell within Section 12 (3) (b) of the Act and, therefore, decrees for eviction could not be passed. It is from that Order that the present appeals have been filed by the landlady by special leave.