SUTHAR BUDHALAL LALLUBHAI Vs. BHAGWANDAS K GUPTA

JUDGEMENT

(1.) This civil revision application has been filed by the original defendant - tenant challenging the decree of eviction passed by the appellate court in Regular Civil Appeal No.106/78.

(2.) Detail facts leading to this civil revision application are as under.:

(3.) The petitioner is the defendant of Civil Suit No.191/73. The said suit was filed by the landlord, namely, Bhagwandas Kalichanddas Gupta who died during the pendency of this civil revision application and his heirs are brought on the record of this civil revision application. The case of the landlord in the said suit was that, he is the original owner of the suit property by purchasing the same from one Dashrathlal Jethalal by registered document dated 12.11.1970. The suit property is situated in Patan Town and the portion of the suit property was given on lease by the original landlord Dashrathlal Jethalal on 13.5.1970 at the rate of Rs.13/per month. According to the plaintiff, the defendant had agreed to vacate the suit premises within six months after the plaintiff purchased the suit property after executing a fresh rent note in favour of the present plaintiff on 12.11.1970. The defendant, however, did not pay the rent since 12.10.1971. It is also the say of the plaintiff that, he required the suit premises for his bonafide personal use. Therefore, after terminating the tenancy of the defendant by giving the registered notice dated 16.11.1972 the present suit was filed for getting the decree for possession as well as for the arrears of rent from 11.10.1971 at the rate of Rs.20.00 per month.