SEVUMAL TOPANDAS SADHWANI Vs. JAYNOMAL NANOMAL

JUDGEMENT

(1.) In this revision application under Section 29 of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (for short `the Bombay Rent Act) the petitioner has brought under challenge the judgment and decree dismissing the petitioners (plaintiff - since deceased) suit which was filed by him on the ground of arrears of rent consequent upon the provision contained in Section 12(2) read with Section 12(3)(a) of the Bombay Rent Act and also on the ground of erection of permanent structure in the suit premises.

(2.) The suit premises consist of two rooms in property bearing No. T-28/415 let out by the petitioner to the respondent (defendant)-tenant at a monthly rent of Rs. 20.00 for residence.

(3.) The tenant resisted the suit contending that he did not erect any permanent structure in the suit premises that no alterations were made in the suit premises that prior to the suit the plaintiff had filed a suit against him and the same was dismissed that he was not in arrears of rent from 1-5-1972 as alleged that he deposited Rs. 240.00 on 21-6-1973 in the Court as also Rs. 100 on 1-9-1973 and that whatever rent that fell due was because of the default on the part of the plaintiff to accept the rent. With regard to the eviction notice dated 21-3-1973 he contended that the same was not served on him and that he did not refuse to accept such notice. He also resisted the plaintiffs say about service of notice under certificate of posting by saying that he did not receive such a notice. He raised the dispute of standard rent in the written statement.