TAYABALI JAFFARBHAI TANKIWALA Vs. ASHA AND GO

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Bombay High Court and arises in the following circumstances.

(2.) The suit premises consisting of a shed at 130, Shuklaji Street, Bombay are the property of the appellant, and were let out to the respondent as a monthly tenant. By means of a notice dated June 13, 1956 the tenant was informed by the landlord that he was in arrears of rent since July 1, 1953 and was liable to pay to the landlord a sum of Rs. 1826 being the amount of rent calculated up to the date of the notice. As he was an habitual defaulter and had been making illegal use of a passage attached to the premises without the consent of the landlord his tenancy was being terminated. He was further called upon to make payment of the amount of arrears. The tenant did not vacate the premises and a second notice was sent dated October 18, 1957 calling upon him to deliver vacant possession of the premises which were stated to be in his occupation as a monthly tenant. In the second notice another ground was mentioned for getting the premises vacated. It was that the same were required for the personal use and occupation of the landlord. It may be mentioned that prior to the despatch of the second notice the landlord had been paid and he has received the amount of arrears which were said to be due in the first notice. In other words the rent had been received upto March 1955. On October 30, 1957 the tenant made a tender by means of a cheque of the full amount of arrears then due but the cheque was returned by the landlord.

(3.) On March 31, 1958 the landlord filed a suit for ejectment and for recovery of rent from April 1955 to November 1957 and compensation for use and occupation from December 1957 to February 1958 as also for a certain amount for vacant possession being rack rent of twelve months' rent, the total amount of all the items being Rs. 2448.12 Np. In July 1960 the plaintiff sought and was allowed to amend the plaint by introducing the following paragraph: