ABDULKARIM BANUMIYA Vs. SAUMIN BIPINCHANDRA MEHTA

JUDGEMENT

(1.) This is a revision under Sec. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the said Act for short) at the instance of the original defendant-tenant, challenging the judgment and decree of eviction passed by the Trial Court and confirmed by the lower Appellate Court.

(2.) The respondents-landlords filed a suit for a decree of eviction against the defendant-tenant on the ground that the defendant-tenant was in arrears of rent for more than six months and had neglected to pay the same in spite of the demand made for the same in the statutory notice.

(3.) It was the specific case of the plaintiffs-landlords that formerly the defendant- tenant was the owner of the property, that the plaintiffs purchased the said property for valuable consideration from the defendant vendor and that, with effect from the date of sale deed, the vendor of the property became a tenant of the purchaser landlords. The defendant-tenant then paid rent for only about a month and half encompassing the first payment made in this regard and thereafter made no payment whatsoever. The landlords further contended that a statutory notice under Sec. 12(2) was issued by the landlords and received by the tenant, but no reply was given and hence the suit.