HARISH RAMANBHAI PATEL Vs. ISHVARLAL V JADAWALA

JUDGEMENT

(1.) This is tenant's revision u/s.29(2) of the Bombay Rent Act against the Judgment and Decree of the lower Appellate Court confirming the judgment and Decree of the trial Court.

(2.) Brief facts are that two rooms in Bungalow No.5 of Anand Co.Operative Society were let out by the respondent to the revisionist on monthly rent of Rs.161.00. It was alleged that the revisionist was irregular in payment of rent and he failed to pay the rent after 1.6.1978. Alleging that the revisionist was tenant in arrears of rent for more than six months, notice of demand was given on 6.2.1979 which was served on the tenant. The tenant did not pay the arrears of rent within a month of service of notice of demand nor did he raise any deispute of standard rent. Consequently the Suit for eviction and recovery of arrears of rent was filed. Another ground for eviction was that the premises was required by the landlord for his bonafide and reasonable requirement.

(3.) The Suit was resisted by the revisionist on the ground that the disputed premises was not raquired bonafide and reasonably by the landlord. On the point of arrears of rent and the rate of rent the stand of the revisionist was that the agreed rent was not Rs.161/p.m., but it was at Rs.55.50 ps. per month inclusive of all taxes. It was denied that the rent was paid by the revisionist upto 31.5.1978. Service of notice of demand was also denied by the defendant - revisionist. He further pleaded that he paid the entire rent upto 30.12.1978 and the rent for the period betwen 1.11.1978 to 30.12.1978 amounting to Rs.111.00 was paid in cash to the plaintiff on 2.1.1979. The rent for January and February, 1979 was not accepted by the plaintiff hence he remitted the rent amounting to Rs.111.00 as rent for January and February 1979 by Money Order which was refused by the plaintiff. Dispute of standard rent was also raised in the written statement pleading that the standard rent should not exceed Rs.25.00 p.m. inclusive of taxes.