MOHAMMEDBHAI S SHEIKH Vs. VRAJLAL MATHURDAS

JUDGEMENT

(1.) This is a revision under section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 at the instance of the original plaintiff landlord who had sued the respondent-defendant tenant for a decree of eviction of the rented premises under section 12 and 13 of the Bombay Rent Act.

(2.) The petitioner-landlord had sued the respondent-tenant for a decree of eviction on two grounds viz. (1) that the tenant was in arrears of rent for more than six months on the date of the suit notice, and that the tenant had not paid up the amount within 30 days of receipt of the suit notice and (2) that the tenant had made a permanent construction on the rented premises without the prior written consent of the landlord.

(3.) The trial court, after taking into consideration the pleadings of the parties, framed appropriate issues, and after recording the evidence and hearing the learned counsel for the respective parties, rejected the landlord's claim for eviction on the ground that the tenant had made a permanent construction on the rented premises. However, the trial court found that the tenant was in arrears of rent of more than six months on the date of the suit notice, and had not paid up the said amount within 30 days of receipt of the said notice, that the case was covered by section 12(3)(a) of the Bombay Rent Act and therefore passed a decree for eviction. The trial court also passed a money decree in respect of the arrears of rent due to the landlord.