SARABHAI NAROTTAM Vs. DAVE PRAHLADRAI SHIVSHANKER

JUDGEMENT

(1.) This is a second appeal filed by the original defendant-tenant, under Section 28 of the Saurashtra Rent Control Act, 1951 (which will be hereinafter referred to as 'the Act'), against the decree for eviction passed against him and in favour of the respondent in Civil Appeal No. 111 of 1963 by learned District Judge, Bhavnagar, Mr. N.J. Mankad.

(2.) The material facts for this second appeal, briefly stated, are as under :

(3.) The learned trial Judge recorded a finding that though the premises had been erected anew after 1st January, 1951, the landlord was not entitled to the exemption clause as the suit premises were again let to the defendant after compromise in the earlier suit on execution of a rent note dated 1st July, 1959. According to the learned trial Judge, this being a second letting of the suit premises after 1st January, 1951, the plaintiff was not entitled to get exemption from the provisions of the Act. In that view of the matter, he dismissed the plaintiff's suit for possession with costs in proportion to the relief claimed. Regarding the money-claim, a decree was passed against the defendant for an amount of Rs.395-50 Nps.