PREM GOVINDRAM SAJNANI Vs. H M METHWANI

JUDGEMENT

(1.) This revision application arises out of the eviction suit filed by the opponent plaintiff against the petitioner defendant in the court of Civil Judge Junior Division Gandidham where the said suit was registered as Civil Suit No. 88/66. The opponent plaintiff has claimed the eviction on two grounds namely (1) bona fide and reasonable personal requirement of the suit premises and (2) non-payment of rent for more than 6 months. The trial court decreed the opponents suit on both these grounds and the said decree has been confirmed by the Appellate court in Appeal No. 35/67 of the court of District Judge Kutch at Bhuj.

(2.) So for as arrears of rent are concerned the facts are that the petitioner was in arrears of rent from 1-4-65 to 30-6-66 amounting to Rs. 225.00 at the rate of Rs. 15.00 per month. He was therefore given a notice to pay up the rent with demand to quit. This notice is dated 27 and the same is found at ex. 22. The petitioner tenant contended in reply to this notice demanding arrears of rent that he had spent Rs. 337.52 for necessary repairs and therefore was entitled to sot off this amount against the rent in arrears.

(3.) The learned Judges of both the lower courts have found that according to sec. 23 of the Rent Act the petitioner tenant was not entitled to deduct or recover any amount on account of repairs which exceeded 1 of the rent payable by the tenant for the whole year excluding 1 of the proportionate taxes in respect of premises payable to the local authority concerned for that year. Under these circumstances the lower courts found that the petitioner tenant was in arrears of rent for more than six months and was liable to be evicted even for that reason.