(1.) AGGRIEVED applicant is the original landlord -plaintiff. His suit for decree of eviction instituted on the ground of arrears of rent as well as on the ground that tenant had acquired suitable alternative accommodation came to be dismissed by the Small Causes Court No.4, Ahmedabad on 13th March, 2007. Civil Appeal No.82 of 2007 preferred before the Appellate Bench of the Small Causes Court also came to be dismissed by judgment and order dated 26th April, 2011, which is impugned in the present Revision Application.
(2.) HEARD learned advocate Mr.Nirav Sanghvi for the applicant. Though served with Rule, none appears for the respondent.
(3.) THE suit premises rented to the respondent -tenant consisted of one room with Osari being tenement in the Dungar Moti -ni -Chali, Nr.Majoor Gam, Geetamandir Road, Ahmedabad. In the HRP Suit No.530 of 2005, it was the case of the plaintiff that the said premises was rented to the defendant on a monthly rent of Rs.50/ - and the month of tenancy used to begin on the first day of British calender month. In the suit notice under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter mentioned as 'the Rent Act' for the sake of brevity) dated 10th January, 2005, landlord demanded arrears of rent for the period from 01st September, 2004 to 31st January, 2005. It was claimed that defendant was a tenant -in -arrears liable to be evicted from the premises on that ground.