LAXMIBEN PRAGJI UKA Vs. KESAR SAMAT DUDIA

JUDGEMENT

(1.) This Revision Application preferred under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the 'Rent Act') arises from the judgment and order dated 19th October, 1985 passed by the learned District Judge, Kachchha in Regular Civil Appeal No.147/1981. The petitioners before this Court are the appellants - defendants.

(2.) The respondent no.1 herein is the owner of the suit premises, a residential house situated at Soniwada, Bhuj. The suit premiss was leased to one Pragji Uka for a monthly rent of Rs.30=00. After the death of the said Pragji Uka, the present petitioners (hereinafter referred to as 'the defendants') being the family members of the said Pragji Uka, continued to occupy the suit premises. The defendants were in arrears of rent since 1st January, 1978. The plaintiff, on 9/04/1979, gave suit notice (Ex.27) and demanded the arrears of rent since 1st January, 1978 at the rate of Rs.30=00 per month. The plaintiff also terminated the tenancy of the defendants and called upon the defendants to handover the vacant possession of the suit premises. The suit notice was duly replied to by the defendants on 1/05/1979. The defendants denied that the contractual rent of the suit premises was Rs.30=00. Instead, the defendants claimed that the suit premises was given on lease to the deceased Pragji Uka. The agreed rent of the suit premises was Rs.15=00 per month. The defendants also sent part of the arrears of rent i.e. for the period from January, 1979 to April, 1979 by money order, which was not accepted by the plaintiff.

(3.) The plaintiff instituted Regular Civil Suit No.502/1979 in the Court of Civil Judge (J.D.), Bhuj for recovery of possession of the suit premises; the arrears of rent and the mesne profits, inter alia, on the ground that the defendants were in arrears of rent.