DAHYALAL GOVINDJI Vs. VRAJLAL MADHAVJI RATHOD

JUDGEMENT

(1.) The petitioner herein is the original defendant against whom the respondent - landlord had filed the suit being Regular Civil Suit No.490/77 in the court of Civil Judge (Junior Division), Bhavnagar. The case of the plaintiff in the said suit was that, he is the owner of the suit premises which is a residential premises situated in Vadva locality in Bhavnagar city and the defendant is the tenant of the part of the premises of that house comprising one room on the ground floor. That the defendant had taken the suit property at the rate of Rs.13.50 ps per month. The defendant was to pay Rs.1.50 ps towards drainage charges per month and was also to pay other taxes. According to the plaintiff, the defendant has not paid the rent from 1.1.1967 to 31.7.1977, that is, for 121 months and that the aforesaid amount comes to Rs.1633.50 ps and that Rs.181.80 ps is due for 121 months towards drainage charges at the rate of Rs.1.50 ps. It is also a case of the plaintiff that, the defendant has to use rented premises for dwelling purpose, but he is running a lodge and accordingly there is a change of user - additional ground for which eviction decree was sought for, was that the tenant is burning small Sagdi in Fali passage and accordingly there is a breach of terms of tenancy. It is also a case of the plaintiff that the defendant has committed an act of nuisance. The plaintiff, therefore, gave notice under section 12(2) of the Rent Act and demanded arrears of rent. The defendant failed to comply with the said demand notice, and ultimately the plaintiff filed the aforesaid suit for possession.

(2.) The defendant appeared in the suit and filed his written statement at Exh.9. It was denied that he was in arrears of rent. According to the defendant, he has paid the entire rent, but the plaintiff had not given any receipt about such payment. It was also contended that, the rent in question is not the standard rent. The suit of the plaintiff accordingly was denied by the defendant on all counts. The defendant - tenant, in the mean while, had submitted an application for fixation of standard rent being Misc.Civil Application No.129/77. The aforesaid application was consolidated with the suit and accordingly the suit as well as the aforesaid application were heard together.

(3.) Learned trial Judge framed various issues and ultimately came to the conclusion that the plaintiff has failed to prove that the defendant was in arrears for a period of 10 years as alleged. The trial court did not believe the say of the plaintiff regarding nuisance etc. and accordingly the suit was dismissed by the learned trial court by judgment and decree dated 31.7.1981. Copy of the judgment given in the suit was ordered to be kept in Misc.Civil Application No.129/77. So far as fixation of standard rent is concerned, the same was fixed at Rs.10.00 per month.