GOVINDJI RAMJI Vs. TAPULAL NATHALAL DASANI

JUDGEMENT

(1.) Mr J.R. Nanavati, learned counsel for the revisionist has been heard.

(2.) This revision is directed against non-concurrent judgement and decree of the lower appellate Court dated 30.4.1985 reversing the decree of the trial Court and granting decree for possession of the demised premises to the landlord-respondent. The revision has been filed under Section 29(2) of the Bombay Rent Act.

(3.) The landlord filed suit for eviction of the tenant-revisionist alleging that the tenant was let out disputed accommodation on Rs.20 per month. He fell in arrears of rent from 20.11.1970 to 19.11.1979 amounting to Rs.2,180.00. Notice of demand was served upon the tenant but he did not pay the arrears of rent within amonth from the date of service of the notice. Eviction was also sought on another ground that the shop was kept closed and was not used for a continuous period of six months before the institution of the suit for the purpose for which it was let out.