NANDLAL D MEHTA DR Vs. KANTILAL JESHANKER VYAS

JUDGEMENT

(1.) The plaintiff-landlord filed against the defendant tenant the present suit for recovering possession of the suit premises on the ground that the defendant has acquired vacant possession of a suitable residence. The plaintiff tried to place his case under sec. 13(1)(1) of the Rent Act. The defendant in defence raised the contention that he is not the tenant in respect of the suit premises but that his father is the tenant. He also impugned the validity of the statutory notice.

(2.) The learned Trial Judge negatived the defendants contention that he is not the tenant in respect of the suit premises and that his father is the tenant. The learned Trial Judge also negatived the defendants contention that the statutory notice was not valid. He upheld the contention raised by the plaintiff that the defendant has acquired vacant possession of a suitable residence. He therefore passed in favour of the plaintiff decree for possession.

(3.) The defendant appealed to the District Court against the decree. The learned District Judge confirmed all the findings recorded by the learned Trial Judge and dismissed the appeal.