KALIDAS C. PATEL Vs. RAMANBHAI S PATEL

JUDGEMENT

(1.) The present Civil Revision Applications are directed against the common impunged judgment and order dtd. 19/6/1985 in Regular Civil Application No.123 of 1983 and Regular Civil Application No.152 of 1983, whereby, both the Regular Civil Applications came to be partly allowed and it was held that the applicant/landlord herein was not entitled to the possession of the suit premises, but, he was entitled to claim the arrears of rent only.

(2.) The brief facts in the present case are that the father of the applicant was the owner of the suit property situated at village-Vagra, Taluka-Bharuch. The suit property has been described in paragraph No.1 of the plaint. The father of the respondents, namely, Sankarbhai Govindbhai Patel was the original tenant of the suit property and was paying rent of Rs.14.00 per month for the hotel on the ground floor and residence on the first floor. It is further the case of the plaintiff that after the death of Sankarbhai Govindbhai Patel, the respondent No.1 herein was doing the business with hotel on the ground floor and residing on the first floor of the suit premises alongwith family. It is the case of the respondents-defendants that they had become statutory tenants of the suit property after death of the original tenant-Sankarbhai Govindbhai Patel. It is the case of the plaintiff that the main tenancy commenced from the second date of gregarian month and ending on the first day of the next month. According to the applicants, the respondents had paid rent of the suit premises up to 2/6/1977, thereafter, they have not paid rent and they are in arrears of rent for more than six months. Therefore, the original plaintiff has served suit notice on 5/3/1978 and demanded arrears of rent for the period 2/6/1977 to 1/3/1979 i.e. for 21 months being Rs.294.00. At the same time, the tenancy of the respondents also came to be terminated.

(3.) The learned Trial Court, after completion of the pleadings, was pleased to frame the following issues:-