MARIAMBIBI Vs. SABIRBHAI MUSAJI CHHIPA

JUDGEMENT

(1.) HEARD learned advocate Mr.M.B.Gandhi for petitioner and learned advocate Mr.K.V.Shelat for respondent.

(2.) R and P from Courts below has been received by this Court.

(3.) THE HRP Suit No.4137 of 1981 was filed by landlord against respondent tenant for recovery of vacant possession of suit premises and Rs.2040.40 ps. rent is to be recovered from tenant towards arrears of rent / mesne profit, municipal tax and notice expenses. According to case of plaintiff, defendant was let out suit premises of plaintiff at monthly rent of Rs.25/- plus taxes to be borne by tenant. THE tenant was irregular in payment of rent and he paid rent to plaintiff due upto 31.7.1975. It is alleged by plaintiff that defendant was tenant in arrears of rent since 1.8.1975 to 31.10.1975 and he was also in arrears of monthly tax amount Rs.115.40 ps. and defendant tenant neglected to pay up said dues of plaintiff though demanded for and so was liable to be evicted from suit premises on that ground. THE further ground was that plaintiff required suit premises for bonafide and reasonably for a personal use and occupation. According to plaintiff, greater hardship would be caused to him by refusal to pass eviction decree in his favour than the defendant by passing eviction decree against him. THE registered notice dated 1.7.1981 served to defendant tenant wherein he was called upon to pay all arrears of rent and hand over vacant possession of suit premises to plaintiff but, defendant failed to comply with suit notices given by plaintiff. THErefore, suit has been filed by plaintiff against defendant. THE defendant tenant has filed written statement vide Exh.8 denying averments made in plaint. THE defendant tenant raised dispute about standard rent of suit premises and requested to the Court to fix its standard rent according to law and also denied allegation about arrears of rent and also denied bonafide requirement of suit premises for personal use and occupation of plaintiff. THE trial Court vide Exh.9 framed issues in Para.3. THE trial Court has come to conclusion that tenant is not in arrears of rent for more than six months and also not neglected to make payment of rent due within one month of receipt of notice.