POPATLAL DAYALBHAI PATEL Vs. AJITKUMAR BABULAL SHAH

JUDGEMENT

(1.) The present Revision Application is filed by the original defendant - tenant by invoking the jurisdiction of this Court under Section 29(2) of the Rent Act. The original plaintiffs had filed the aforesaid suit for getting the decree for possession on various grounds. The Trial Court had dismissed the suit. However, the appeal preferred against the said order was allowed by the learned Extra Assistant Judge Ahmedabad (Rural), Narol. The decree of the appellant Court is therefore, challenged by the petitioner - tenant in the present Revisions Application.

(2.) Though the notice of Revision Application is served on the petitioner, he has neither remained present nor has engaged any advocate. The learned Advocate Mr. A. H. Mehta for the respondent is present. I have gone through the judgements of both the courts below and I have also perused the records of the case. I have also heard the arguments of learned advocate Mr. A. H. Mehta.

(3.) It is the case of the plaintiffs that they owned a shop bearing G.P. No. 465/13 situated in Dhandhuka Town and the same was let out to the defendant - tenant at the monthly rent of Rs. 65.00. The tenant has not paid the rent from 1.3.1976 and inspite of demand of the same by way of registered notice, he did not paid any rent. The plaintiffs have also stated in the plaint that the defendant has illegally transferred the suit property to one Patel Kantilal Parsottamdas and accordingly, the tenant has committed an act of subletting. It is also further averred in the plaint that the tenant is not using the suit property for the purpose for which it was let to him. Inspite of the demand notice as contemplated under Section 12(2) of the Bombay Rent Act by which arrears of rent was claimed. The tenant did not comply with the same. As the tenant failed to comply with the said notice, either by tendering the rent or handing over the possession, the aforesaid suit was filed being Civil Suit No. 211/78 in the Court of learned Civil Judge (JD), Dhandhuka for getting the decree for possession as well as for getting the decree for arrears of rent.