KANUBHAI BHAGWANJI JOSHI Vs. HARSADRAI CHUNILAL VYAS

JUDGEMENT

(1.) . The tenant-revisionist having failed in the trial court as well in the lower appellate court has preferred this revision under section 29(2) of the Bombay Rent Act (for short "Act").

(2.) The brief facts giving rise to this revision are as under:

(3.) The disputed premises is owned by the plaintiff trust. It had let it out to the defendant-revisionist on monthly rent of Rs.35.00. Rent amounting to Rs.1,540/for a period of 44 months from 15.6.1978 was in arrears, and the defendant failed to pay the same inspite of notice of demand given on 4th July, 1978 which was duly served on him. Accordingly, the suit for eviction was filed on the ground of non-payment of rent exceeding six months within a period of one month of service of notice of demand. The other ground was for raising permanent structure and making additional construction without written consent of the landlord.