HEIR OF KASHIBEN C CHHAGANLAL Vs. BAPULAL KALIDAS

JUDGEMENT

(1.) This is landlord Revision under S.29(2) of the Bombay Rent Act against Judgment and Decree of the lower appellate Court setting aside the Judgment and Decree of the trial Court directing eviction of the tenants-respondents from the suit accommodation.

(2.) Brief facts giving rise to this revision are as under : The deceased plaintiff - landlady Smt. Kashiben filed suit for eviction of the defendants from the disputed accommodation on the ground of non-payment of rent for a period more than six months. The disputed accommodation was let out to the defendants on monthly rent of Rs. 22/- + Re. 1/- p.m. as water tax. The defendants were required to pay rent regularly at the end of every month. They did not pay rent from 17-7-1964 to 16-1-1977, hence the amount of Rs. 3450/- fell due as arrears of rent from the defendants. These arrears were deposited by the tenants in the previous suit. However, from 17-1-1977 to 16-6-1977 the defendants again fell in arrears of rent. The demand notice was given on 18-3-1977 which was served upon the defendants, but they neither paid the rent nor vacated the accommodation in dispute hence suit for eviction was filed.

(3.) The defendants contested the suit denying the averments made in the plaint and pleaded that the notice was not properly served and it was not valid notice. They also pleaded that the contractual rate of rent at Rs. 22/- p.m. is excessive and prayed for fixation of standard rent of the suit premises. They denied that they were in arrears of rent as alleged by the plaintiff. Service of notice of demand and eviction was also denied by them.