DHABHI LALJI KALIDAS Vs. RAMNIKLAL SOMCHAND MEHTA

JUDGEMENT

(1.) The plaintiff-landlord filed the present suit for possession of the suit premises which consist of a room an Osri and a kitchen. They are situate in the City of Rajkot and have been let out to the defendant-tenant at a monthly rent of Rs. 5.00. The plaintiff alleged against the defendant the following three grounds of eviction:-

(2.) The defendant denied the plaintiffs case and in his turn alleged that the notice to quit served upon him was invalid.

(3.) The learned Trial Judge found that the notice served by the plaintiff upon the defendant was valid and legal. He next found that the defendant had been in arrears of rent for more than six months and was therefore liable to be evicted. He also held that the defendant had been causing nuisance and annoyance to the neighbouring occupiers and was also therefore liable to be evicted on that ground. He however held that the defendant had constructed no permanent structure alleged by the plaintiff. In view of his findings on two of the three grounds of eviction he passed in favour of the plaintiff decree for possession.