BHAIYA PUNJALAL BHAGWANDIN Vs. DAVE BHAGWATIPRASAD PRABHUPRASAD

JUDGEMENT

(1.) This is a revision application against an order of dismissal of the petitioners appeal by the learned Extra Assistant Judge Nadiad against an order of ejectment passed by the learned Civil Judge Junior Division Anand. The applicant petitioner was a tenant of a residential premises where incidentally he was also carrying on his business situate at Anand and belonging to the respondents-landlords. Since several years the applicant was holding this tenancy at a contractual rent of Rs. 75/p.m.. which he paid upto 27th July 1949. Thereafter the applicant ceased paying the rent of the premises. Sometimes in 1961 the applicant applied for fixation of standard rent. That application was decided on 31 March 1954 and the standard rent was fixed at Rs. 25/p.m. After the decision in this application for standard rent sometime in July 1954 the applicant is alleged to have offered the payment of rent at the rate of Rs. 25/p.m. which was the standard rent fixed but that offer was to pay at this rate from 5th July 1954 onwards which offer the landlords did not accept. The applicant did not offer the payment of the arrears prior to July 5 1954 The landlords gave notice to quit on 16th October 1954 wherein they stated that the applicant was in arrears of payment of rent for over six months and because of that the notice to quit was given and the applicant was asked to quit on the last day of the month of the tenancy which was incidentally Kartak Vad 30 of S.Y. 2011. The applicant did not pay up arrears on this notice to quit. A suit for ejectment was therefore filed on 16th December 1955 basing the claim for ejectment under sec. 12(3)(a) of the Bombay Rents Hotel and Lodging House Rates (Control) Act 1947 (hereinafter referred to as the said Act) which runs as follows :

(2.) The notice which is referred to in sub-section (3)(a) is to be given according to sub-section (2) which provides as follows viz.

(3.) No suit for recovery of possession shall be instituted by a landlord against a tenant on the ground of non-payment of the standard rent or permitted increases due until the expiration of one month next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant in the manner provided in section 106 of the Transfer of Property Act 1882