CHUDGAR CHUNILAL POPATLAL Vs. KHATRI HARILAL RAMJIBHAI

JUDGEMENT

(1.) The petitioner - tenant has invoked the jurisdiction of this court under section 29(2) of the Bombay Rent Act by this civil revision application. The trial court had dismissed the suit of the original plaintiff, that is, the present petitioner herein for getting the decree for possession on the ground of nonpayment of rent as well as for nonuser of the suit premises and in appeal the appellate court decreed the suit on the ground of nonpayment of rent by the defendant - tenant and that is how the tenant has come in this civil revision application.

(2.) The plaintiff had instituted the civil suit being Regular Civil Suit No.86/78. The suit property which is a shop, situated in Nanalal Market of Jawahar Chowk in Surendranagar Town. The defendant is the tenant of the said shop at the monthly rent of Rs.10.00 and that he was in arrears of rent from 19.3.1969 to 19.1.1977 and that the arrears come to Rs.550.00. The plaintiff, therefore, gave the demand notice asking the tenant to pay the arrears of rent and also to hand over the possession as according to the plaintiff the tenant was not using the suit property since last six years. Ultimately, the suit for eviction was filed as the defendant did not comply with the suit notice.

(3.) . The defendant appeared in the suit by filing the written statement at Exh.12. He denied that, he was in arrears of rent. According to him, the landlord was not accepting the rent and that he is also not giving the credit of the payment which he has already made to him. It was also stated in the written statement that the suit notice was served at the false address, and therefore, he had no opportunity to reply the suit notice. It was also denied that, he was in arrears of the rent. Other grounds of nonuser as well as subletting of the suit premises as alleged in the plaint were also denied by the defendant.