KHAVAS LAXMAN GAGU Vs. GULABKUNVERBA AURVEDIC SOCIETY

JUDGEMENT

(1.) This Revision Application is directed against the judgment and order passed by the learned Assistant Judge, Jamnagar in Regular Civil Appeal No.5 of 1981. The petitioner herein is the original defendant, against whom the respondent filed a suit, being Civil Suit No.444 of 1974, in the Court of learned Joint Civil Judge (J.D.), Jamnagar.

(2.) It is the case of the plaintiff that the plaintiff is a Society. The suit property was given on rent to the defendant tenant at the rate of Rs.10.00 per month, that the defendant had not paid rent for a long time and he was in arrears from 1.8.1968 and, therefore, demand notice was given to him on 8.7.1974. In spite of the same, the defendant had not complied with the same. Therefore, the aforesaid suit was filed for getting decree for eviction on the ground of arrears of rent. In addition to the aforesaid ground, other grounds were also raised, i.e., acquisition of alternative premises by the tenant, non-user by the tenant and change of user of the suit premises. Ultimately, therefore, decree for possession was sought for on the aforesaid grounds.

(3.) The defendant appeared in the suit and filed his written statement Exhibit 14. The defendant denied the fact about receiving any notice of demand. According to him, he was ready and willing to pay the rent and that one Manubhai Patel used to manage the suit property and used to collect the rent from the defendant. That the defendant had gone to him with the arrears of rent, but he refused to accept the same. According to him, therefore, he cannot be said to be in arrears of rent. The defendant also denied the case of non-user or acquisition of any alternative accommodation.