BABULAL HIRJI MOCHI Vs. PATHAK VASUDEV HARJIVAN

JUDGEMENT

(1.) Whether the petitioner tenant is entitled to the protection of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act) or not, in the facts of the present case, is the sole question which has come up for consideration and adjudication in this revision under Sec. 29(2) of the Bombay Rent Act.

(2.) The opponent is the original plaintiff landlord who instituted civil suit No. 18/80 in the Court of Civil Judge (J. D.), at Kalawad, against the petitioner, who is the original defendant tenant for recovery of possession of the demised premises situated at Kumbhnathpara, in Kalawad on the ground of non-payment of rent for more than six months. The parties are hereinafter referred to as the landlord and tenant for the sake of convenience and brevity.

(3.) The suit premises comprise of one room which was let out to the tenant at the rent of Rs. 10 per month. The tenant was in arrears of rent for a period of 53 months. Thus, the amount due at the time of notice came to Rs. 530.00. The landlord served the tenant with a notice of demand of rent under Sec. 12(2) on Oct. 17,1979. The tenant failed to comply with the demand and did not tender or pay rent as demanded. Therefore, the landlord instituted the above suit for recovery of rent and possession.