DALSUKHRAI G GHELANI Vs. BHIKHALAL HARILAL MASHRU

JUDGEMENT

(1.) .This is landlord's revision under Sec. 29(2) of the Bombay Rent Act (for short "the Act").

(2.) . One room and osari was let out by the landlord-revisionist to the defendant-respondent on monthly rent of Rs. 4.50 ps. The landlord was residing at Nasik and doing business there. He came to Rajkot on 23-6-1981 whereafter he came to know that the tenant had demolished the entire suit premises without his consent and was constructing new suit premises without written consent or permission from the landlord. Accordingly, the suit for eviction was filed under Sec. 13(l)(b) of the Rent Act.

(3.) . The suit was resisted by the defendant-respondent denying the aforesaid allegation of the landlord. He pleaded that the suit premises was in dilapidated condition, on 21-5-1971 one wall of the suit premises had fallen down and on 7-5-1981 the roof of the suit premises bent down. The defendant informed the plaintiff-landlord about the condition of the suit premises through notice dated 8-5-1983 but the plaintiff did not get the suit premises repaired. Thereafter, back side wall had also fallen down in rainy season. Consequently, the resondent- defendant constructed two walls and put tiles on the roof on the same position and he did not raise any permanent construction inasmuch as the size and design of the suit accommodation was not changed and the walls were constructed at the place of old walls which had fallen down.