AHER JETHABHAI NARANBHAI Vs. KISHANCHAND MANILAL SHETH

JUDGEMENT

(1.) BY way of present petition under Section 29(2) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereafter referred to as 'Rent Act'), the original defendant/tenant has challenged the judgment and decree dated 31.03.1997 passed by Civil Judge, (Junior Division), Upleta in Regular Civil Suit No.75/1993 as well as the judgment dated 27.7.2007 confirming the same by learned Presiding Officer 3rd Fast Track Court, Upleta dated 27.07.2007 in Regular Civil Appeal No.43/1998, by which, the eviction decree has been passed against the present petitioner-tenant on the ground that the landlord is entitled for the possession of the suit premises under Section 12(3)(a) of the Rent Act.

(2.) BRIEF facts arising from the case are as under :

(3.) ON the other hand, Mr.Tushar L.Sheth, learned advocate for the respondent-landlord submitted that a notice was served to the petitioner-tenant under Section 12(2) of the Rent Act. Though the notice was served upon defendant- tenant and the same was replied, the tenant did not raise any dispute with regard to the standard rent or with regard to any permissible increases nor any application was filed before the Trial Court for fixing standard rent and, therefore, the Trial Court as well as the Appellate Court has rightly held that the landlord is entitled for decree of eviction under Section 12(1)(a) of the Act. It is further submitted that the case of the tenant would not fall under Section 12(3)(b) of the Act. Since the tenant had neither paid the arrears of rent which was more than the period of 66 months nor raised any dispute with regard to standard rent or permissible increase, the petition may be dismissed.