PRANJIVANDAS KHUSHALDAS Vs. DHANABEN WD O DEVCHAND

JUDGEMENT

(1.) This is landlord's revision under sec.29(2) of the Bombay Rent Act against the concurrent judgments and decrees of the trial Court as well as the appellate Court.

(2.) The brief facts giving rise to this revision are as under :- The revisionist/landlord filed a suit for eviction against Devchandbhai Jamnadas, who died during pendency of the suit. Suit for eviction and recovery of arrears of rent, etc. was filed on variety of grounds. One ground seeking eviction was that the tenant was in arrears of rent for morethan six months, which he failed to pay within a month of service of notice of demand. The second was that the demised premises was reasonably and bonafidely required by the landlord for his personal use and occupation. The third was that the defendant committed breach of terms of tenancy and acted contrary to the provisions of sec.108(o) of the Transfer of Property Act. During pendency of the suit, the plaint was got amended and additional ground of eviction was introduced, namely, the tenant, after coming into force of the Act, had built or acquired vacant possession of suitable residence.

(3.) The suit was resisted by the legal representatives of the deceased defendant, denying all these allegations. Dispute of standard rent was also raised, so also the plea of non-joinder of necessary parties.