BATUKBHAI DAMAJIBHAI Vs. JERAMBHAI K RUPARELIYA

JUDGEMENT

(1.) This revision application is filed by the original defendant of Regular Civil Suit No.27 of 1984. The respondent landlord filed the aforesaid suit for getting decree for possession on the ground that the defendant has no right to occupy the suit premises after the death of the original tenant.

(2.) One Ratilal Damjibhai was the sole tenant of the suit premises, which, undisputedly, is a business premise. After his death, the present defendant tried to assert his tenancy right in the suit premises on the ground that he, being the brother of the deceased tenant, is entitled to retain the suit premises. The plaintiff, therefore, filed the aforesaid suit on the ground that the defendant has no right to occupy the suit premises and he cannot be said to be the heir of the deceased tenant. It is also the case of the plaintiff that the defendant has not paid the rent and even on that ground, he is required to be evicted from the suit premises.

(3.) Before filing the suit, a demand notice as required by Section 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("The Bombay Rent Act", for short) was also served on the defendant, but, according to the plaintiff, he refused to pay the arrears of rent. The plaintiff, ultimately, approached the Court for getting decree for possession.