BRAHMANAND LAYAKRAM Vs. SHAH NATWARLAL HARAKHLAL

JUDGEMENT

(1.) This is tenant's revision under Section 29(2) of the Bombay Rent Act (for short "the Act") against the concurrent Judgments and Decrees of the trial Court and the appellate Court directing dispossession of the revisionist from the disputed accommodation and also granting decree for arrears of rent, etc.

(2.) The facts giving rise to this revision are shortly, as under : The disputed accommodation was let out to the revisionist on monthly rent of Rs. 25/-. The Rent from 1-11-1970 was not paid by the revisionist. Thus, upto 30-4-1976 more than six months rent remained due from the revisionist. Notice of demand was sent on 10-5-1976 which was served on the revisionist, but he failed to pay the rent. Allegation of nuisance was also made against the revisionist that he used to quarrel with his neighbours. Thus, on grounds of arrears of rent, nuisance and annoyance suit for eviction was filed against the revisionist.

(3.) The revisionist appeared in the trial Court and after seeking ten adjournmnts filed Written Statement on 12-2-1980. He denied the allegation of nuisance and causing annoyance to the neighbours. He also denied that any amount was due from him. He disputed the correctness and reasonableness of the monthly rent and thus raised dispute of standard rent which, according to him, could not exceed Rs. 5/- p.m. Pleading his readiness and willingness to pay the rent he pleaded that the suit is liable to be dismissed.