KALUBHAI KARSANBHAI Vs. BAI JIVIBEN RAMJI

JUDGEMENT

(1.) Civil Revision Application No. 364 of 1980 is directed by the original tenant as he was aggrieved by the impugned decree of eviction passed by the learned Assistant Judge, Bhavnagar in Regular Civil Appeal No. 84 of 1978 whereby the learned Appellate Court set aside the decree of dismissal passed by the Trial Court.

(2.) Civil Revision Application No. 365 of 1980 is filed by the defendant-tenant against the same landlady as he was aggrieved by the decree passed by the learned Assistant Judge in Regular Civil Appeal No. 85 in 1978. The Lower Appellate Court set aside the decree of dismissal passed by the Trial Court. It may be significantly noticed that in these two matters the standard rent of the suit premises was Rs. 4/- and Rs.

(3.) 50 per month respectively. 3. In Civil Revision Application No. 364 of 1980, the Lower Court held that the rent has been paid upto 30th March, 1976, whereas the landlady terminated the tenancy on 25th May 1976. In the second matter the finding is that the rent has been paid upto 29th May, 1976; whereas the notice was given on 25th May, 1976. On these facts it is clear that the landlady has no cause of action to file the suit for getting the possession of the demised premises in each of the two cases.