UDYOMAL NATHUMAL Vs. PREMCHAND TRIKAMDAS BASWANI

JUDGEMENT

(1.) The present revision application is directed by the original tenant who was aggrieved by the impugned decree of eviction passed by the learned District Judge Panchmahals at Godhra in Regular Civil Appeal No. 76 of 1977 and which had arisen out of Civil Suit No. 179 of 1976 of the Court of the learned Joint Civil Judge (J. D.) Godhra.

(2.) It may be stated at this stage that the learned District Judge as well as the learned trial Judge took be view that this was a case where an eviction decree should be passed against the petitioner-tenant under sec. 12 (3) (a) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 thereinafter referred to as the Bombay Rent Act) It may be also mentioned at this very stage that it is regrettable that both the the subordinate courts overlooked and did not consider in its true perspective one of the important ingredients of sec. 12 (3) (a) of the Bombay Rent Act. It is well settled by now that unless the tenant neglects to make payment of rent as provided in sec. 12(3) (a) of the Bombay Rent Act no eviction decree can ever be passed under the provision of the said section. Sec. 12 (3) of the Bombay Rent Act is in the following terms:-

(3.) The tenant was occupying the suit premises at Godhra on a monthly rent of 20/-. The tenant had to pay Rs 3/per month as electric charges and Rs. 2/as water charges. It was alleged that the tenant could not pay the rent of the suit premises from October 1 1974 to November 30 1976 The tenant was occupying the suit permises for a period of about 12 years.