MADHAVRAO RAMBHAI THAKORE Vs. TRUSHABAI RAMRAO JADHAV

JUDGEMENT

(1.) Petitioner herein has questioned the judgment and decree passed against him for ejectment and arrears of rent by the learned Assistant Judge, at Baroda, in Regular Civil Appeal No. 72 of 1978, by invoking the aids of the provisions of Sec. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('Bombay Rent Act' for short hereinafter).

(2.) The petitioner herein is the original defendant-tenant and the opponents, herein, are the original plaintiffs-landlords in respect of a residential property, consisted of one room towards the south of a house situated at Khanderao, Navapura, Bhatt Falia, at Baroda, hereinafter referred to as the 'demised property' for the convenience and brevity sake. The parties are hereinafter addressed to as "plaintiffs-landlords" and "defendant-tenant".

(3.) One deceased Trushabai Ramrao was the owner in respect of the demised property. It was let out by her to the tenant at the monthly rent of Rs. 40.00. The plaintiffs filed Regular Civil Suit No. 922 of 1973, on 5-5-1973, which was subsequently given different number as it was transferred to Small Causes Court, and it was given Case No. 1355 of 1975. The suit was filed for recovery of arrears of rent and for possession on the ground that the tenant was in arrears of rent for more than six months and also on the ground of nuisance, and damage to the demised property.