BHUDARBHAI CHHAGANBHAI LUHAR Vs. MANJULABEN SHIVLAL

JUDGEMENT

(1.) BY way of this appeal the applicants have challenged the Judgment and decree dated 15.01.1998, passed by the learned Assistant Judge, Surendranagar, in Regular Civil Appeal NO. 23 of 1993, whereby the learned Judge has dismissed the appeal and confirmed the order of the Trial court.

(2.) THE short facts of this case are that the plaintiff owns a house situated at Sanghvi Bhavan, Joravarnagar, consisting of two rooms having opening facing south, on an Osari, one kitchen and a Court yard with a Deli. THE defendant No.1 is a tenant of the said building and the rent of the building was Rs.12/- per month. THE plaintiff has got this suit building and other properties by way of partition amongst his brothers. THE month of tenancy begins from the first day of the English calender month and ends on the last day. It is stated that defendant No.1 has never paid rent regularly; that a rent of Rs. 1,965/- is due and payable by the defendant No.1 for last 164 months.

(3.) LEARNED Advocate for the applicants has contended that both the Courts below have failed to consider the fact that the applicants were residing in the suit premises. Even the issues Nos. 3, 4 and 5, were held in favour of the applicants inasmuch sub tenants. He also contended that the both the Courts below erred in their findings that the applicants were in arrears of rent.