ABDUL AMADBHAI CHAKI Vs. DEVAJI MULJI VASANI

JUDGEMENT

(1.) BY filing the present Revision Application under Section 29(2) of the Bombay Rent, Hotel and Lodging House Rates Act, 1947 (hereinafter mentioned as 'the Rent Act'), the applicants seek to challenge judgment and order dated 30 th November, 2012 dismissing the Regular Civil Appeal No. 75 of 2010, thereby confirming the judgment and decree dated 14th May, 2010 passed by learned 3rd Additional Senior Civil Judge, Jamnagar.

(2.) THE suit for eviction instituted by the original plaintiff-respondent herein was on the ground of sec. 13(1)(k) of the Bombay Rent Act. It was pleaded that the suit premise being property situated in the Grain Market Lane in the city of Jamnagar was rented to the applicants on monthly rent of Rs. 25/- for using the same as godown for the purpose of business of disposable motor services. After the death of original tenant- Abdul Aamadbhai Chaki, his sons-applicants were occupying the premises. It was the case that the property was kept in non-use since years by the applicants-tenants and the property was rendered in dilapidated condition, and that thereby condition No.4 of the Rent Note (Exhibit 25) was flouted. Another ground of bonafide requirement for personal use was also pleaded in the plaint.

(3.) LEARNED advocate for the applicants Mr. Vijay H. Nagesh reiterated the case of the defendants-tenants before the court below and vehemently submitted that the trial court had committed error in passing the decree for eviction on the ground of sec. 13(1) (k). As per his contention, the grounds of non-user could not have been held as proved. It was submitted that it was because of inaction on the part of the plaintiffs to get the property repaired, the property was rendered non-usable. He relied on the letters and application addressed to the authorities of Municipal Corporation, complaining about the said fact.