HASMUKH CHATURBHUJ TRIVEDI Vs. MOHANLAL RAMJI VORALIYA

JUDGEMENT

(1.) Present Revision Application has been filed 'by the original defendant of Rent Suit No. 86 of 1980. The respondent herein was the original plaintiff of the said suit and he filed the aforesaid suit against the petitioner tenant in the Court of Small Causes at Rajkot on the ground that the defendant is a tenant in arrears of rent for more than 6 months i.e., from 1-6-1970. The premises was let out to the defendant at a monthly rent of Rs. 100/-. However, he has not paid the rent for 18 months, and therefore, he was served with a demand notice under Sec. 12(2) of the Bombay Rent Act, still he did not pay the said, rent. Ultimately, therefore, a suit was filed for getting a decree for possession. It was also stated in the suit that the defendant has made permanent construction in the suit premises in contravention of the terms of tenancy. Possession was also demanded on the ground of bona fide requirement of the plaintiff.

(2.) The defendant resisted the suit by filing written statement at Exh. 14. It was contended in the written statement that the plaintiff is not the owner of the suit property and there was no relationship of landlord and tenant between the parties. It was contended that Rs. 100/- is not the standard rent. He also denied other grounds which were pleaded in the plaint for the purpose of getting the decree. On all these grounds, the defendant prayed that the suit of the plaintiff may be dismissed.

(3.) The trial Court framed various issues at Exh. 26. The trial Court came to the conclusion that there is relationship of landlord and tenant between the plaintiff and defendant. The trial Court fixed the standard rent of the suit premises at Rs. 651- plus taxes. The trial Court found that the defendant was in arrears of rent. The trial Court also found that he was ready and willing to pay the rent. The other grounds were not pressed before the trial Court and ultimately the trial Court dismissed the suit of the plaintiff for possession and fixed the standard rent of the suit premises at Rs. 65/- p.m., plus taxes.