SHETH DEVCHAND LAXMICHAND FIRM Vs. KUMBHAR GOVIND MANJI

JUDGEMENT

(1.) This Revision Application preferred under Section 29(2) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act') arises from the judgment and order dated 2nd November, 1985 passed by the learned Extra Assistant Judge, Junagadh in Regular Civil Appeal No.97/1983. The petitioner before this Court is the respondent - plaintiff.

(2.) The plaintiffs are a public trust duly registered as such and the trustees of the said Trust. The plaintiffs run and manage a 'Dharmshala' situated at Bhavnath Taleti, Junagadh. The 'Dharmshala' building also has some shops which are known as 'Bhandak'. One of such shops was leased to the defendant no.1 on a monthly rent of Rs.4=00. It appears that the defendant no.1 was in arrears of rent and had sublet the suit shop to the defendant no.2. The plaintiffs, under the suit notice (Ex.29), terminated the tenancy of the defendant no.1 and demanded the arrears of rent and the recovery of the possession of the suit shop. The defendant no.1 failed to act in accordance with the suit notice. The plaintiffs, therefore, instituted Regular Civil Suit No.721/1979 in the Court of Civil Judge (J.D.), Junagadh. The learned trial Judge, under the judgment and order dated 20th April, 1983, decreed the suit. The learned trail Judge was pleased to hold that the defendant no.1 was in arrears of rent and was not ready and willing to pay the rent. Feeling aggrieved, the defendants preferred Regular Civil Appeal No.97/1983 in the Court of District Judge, Junagadh.

(3.) The appeal was heard by the learned Extra Assistant Judge, Junagadh. The learned Judge held that the suit notice did not conform with sub-section (2) of Section 12 of the Rent Act. The learned Judge, therefore, allowed the appeal and dismissed the suit. Feeling aggrieved, the plaintiffs have preferred the present Revision Application.