SANTOKBAI NARBHERAM BAROT Vs. RAMDAS DWARKADAS

JUDGEMENT

(1.) The petitioner is the original defendant-tenant who has questioned the legality and validity of eviction decree passed in Regular Civil Suit No. 7 of 1978 on 29-4-1981 and confirmed in Regular Civil Appeal No. 95 of 1981 by resorting to the provisions of Sec. 29(2) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act). The respondent is the original-plaintiff who is the owner of the suit property situated in Khambhalia and the petitioner original-defendant is the tenant in respect of the said property at a monthly rent of Rs. 3.00 as per the English Calendar month. The parties are hereinafter referred to as landlord and tenant for the sake of convenience and brevity.

(2.) The landlord served the defendant-tenant with a notice on the ground of non-payment of rent and non-user of the demise premises. The notice was not replied nor complied. Therefore, the suit was filed for eviction on the ground of non-payment of rent under Sec. 12(3)(a) and on the ground of non-user under Sec. 13(1)(k) of the Bombay Rent Act.

(3.) The defendant-tenant appeared and resisted the suit by filing written statement Ex. 20. It was inter alia contended that she is ready and willing to pay the rent and that on account of her ill-health, she was staying at Bombay and therefore, there was reasonable cause for not residing in the demise premises.