VINKALBHAI HASMUKHBHAI PARSANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The present application is filed for seeking following reliefs:

(2.) Brief facts as per the case of the applicant in this application are as such that the respondent no.2 is a tenant of the applicant. The respondent no.2 has executed a rent agreement with the applicant on 19/6/2020, wherein the respondent no.2 has agreed to pay an amount of Rs.2,00,000.00 per month towards rent. As per the said rent agreement, in the event, there is any default in making payment of rent for consecutive two months, the applicant will be at liberty to initiate appropriate steps of eviction. It is further the case of the applicant in this application that the respondent no.2 paid no amount to the applicant towards rent for consecutive 3 months and therefore, the applicant was constrained to issue a legal demand notice to the respondent no.2 demanding arrears of rent and the applicant also invoked relevant clause i.e. Clause no.12 of the rent agreement for taking over possession. The said notice was sent by way of RPAD. It is further the case of the applicant in this application that it appears that the said notice was not received by the respondent no.2 and therefore, the applicant once again was constrained to issue a fresh notice dtd. 18/9/2020 by way of RPAD.

(3.) Heard learned advocate Mr. Pratik Jasani for the applicant, Mr. Pathik Acharya, learned advocate for the respondent No.2 - complainant and Mr. Soaham Joshi, learned APP for the respondent No.1 - State.