SHAH KIRITKUMAR RATILAL Vs. DALWADI CHIKA RAMJI

JUDGEMENT

(1.) This is a Revision Application preferred by the respondent - plaintiff under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act') against the judgment and order dated 25/02/1986 passed by the learned Assistant Judge, Surendranagar in Regular Civil Appeal No.120/1983.

(2.) The disputed premises is a residential building (hereinafter referred to as 'the suit house') situated at Limdi, District Surendranagar. The suit house was purchased by the defendant on 6/06/1971. Since then, the defendant no.1 has been in occupation of the suit house. On 22/12/1972, the defendant sold the suit house to the plaintiff for a sum of Rs.3,000=00 under a registered sale deed (Ex.40). On the same day, the suit house was leased to the defendant for a monthly rent of Rs.30=00. The defendant executed a rent note (Ex.42). Exhibit-41 is the abstract of the accounts book maintained by the plaintiff evidencing payment of Rs.3,000=00 to the defendant and the other expenses incurred for the said sale transaction. On the same day i.e. on 2 2/12/1972, the plaintiff, under agreement for sale (Ex.43), agreed to sale the suit house to the defendant for a sum of Rs.3,000=00 provided the defendant paid the said sum of Rs.3,000=00 by the date stipulated therein. It appears that under the aforesaid transaction even after the sale of the suit house to the plaintiff the defendant continued to be in possession of the suit house as a lessee thereof. The defendant, however, did not pay the rent agreed to be paid by him. The plaintiff, on 13/02/1981, gave a notice of demand (Ex.44), calling upon the defendant to pay a sum of Rs.2,820=00 being the amount of rent due for 94 months and terminating the tenancy of the defendant. The said notice was duly served upon the defendant. The defendant, however, neglected to pay the amount of rent demanded.

(3.) The plaintiff instituted Civil Suit No.79/1981 in the Court of Civil Judge (J.D.), Limdi for recovery of amount of arrears of rent and possession of the suit house.