DHANSUKHLAL VITHALDAS RAJPUT KHATRY Vs. JAYANTILAL SHANTILAL BULSARA

JUDGEMENT

(1.) The petitioner is the tenant of the premises situated in the city of Valsad bearing census No.1925. The respondents-plaintiffs herein instituted a suit for possession on the ground that they are the owners of the suit property and that the defendant tenant has not paid taxes from 1964 , arrears of rent from 1.5.1974 and education cess also from 1.5.1974. A notice of demand was also sent to the defendants on 5.8.78 for payment of arrears of rent as well as for handing over possession. Since the defendant did not comply with the same, ultimately the plaintiffs filed a suit being Regular Civil Suit no.310 of 1978 in the Court of Jt. Civil Judge (JD) at Valsad for getting a decree for possession.

(2.) The defendant appeared in the suit and filed written statement at exh.9. The defendant denied that he was in arrears of rent or was in arrears of any amount of tax. According to him he had sent the amount of rent by MO but the plaintiffs refused to accept the same. According to the defendant after the receipt of the suit notice, he had sent Rs. 520.00 being the amount of rent for the period from 1.5.74 to 31.8.78 by MO. He also remitted Rs.38.07 as tax amount for 4 years and accordingly he had sent Rw.558.07 which was not accepted by the plaintiff. In that view of the matter the plaintiffs were not entitled to get possession of the suit premises. Ultimately the defendant prayed for the dismissal of the suit with costs.

(3.) The Trial Court framed various issues at exh.12 and thereafter after considering the arguments and the evidence both oral and documentary on record, came to the conclusion that the defendant tenant was in arrears of rent for more than 6 months and on that ground decree of possession was passed.