RASNABEN ISHWARRAI AND ORS Vs. JAYANTILAL MOHANLAL CHUDASAMA

JUDGEMENT

(1.) BOTH these Revision Applications filed under section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act') arise out of one H.R.P. Suit No. 450 of 1985, and they involve common facts. Accordingly, they are being considered, and decided together.

(2.) IN the suit of the plaintiff instituted on 11th February 1985 before the Small Cause Court, it was the case that the property bearing Municipal census No.1876 situated in Daulatkhana, Saraspur, Ahmedabad was a shop. The said shop was rented to the defendant tenant at a monthly rent of Rs.100/ -. It was the case of applicant landlord that rent from 01.01.1985 was not paid by the tenant. In the notice dated 09.01.1985, landlord demanded the rent due, which was Rs.200/ -, and including notice charges, claimed Rs.256/ - to be payable. It was the further case of the plaintiff that the tenant had committed breach of terms of tenancy, and had constructed permanent structure in the suit shop without his consent, and decree of eviction invoking section 13(1)(b) of the Act was prayed for. As regards the said ground, it was the case of the landlord that the defendant had put up the loft in the suit shop by putting girders, angles and fillers, and had put up a Magariya in the roof of the shop, and thereby damaged the suit premises by erecting the structure of permanent nature without prior permission.

(3.) HEARD learned advocate Mr. K.V. Shelat appearing for the applicants in both the Revision Applications, and learned advocate Mr. D.P. Kinariwala appearing for the respondent -tenant.