HASMUKHBHAI SHANABHAI PATEL Vs. MANJULABEN AMBALAL SHAH

JUDGEMENT

(1.) IN this revision under Section 29(2) of the Bombay Rent Act, the petitioners have challenged the legality and validity of the eviction decree recorded in Civil Appeal No. 54/80 on 21.4.82 by the District Court, Baroda.

(2.) THE petitioner are the original defendants-tenants and respondent is the original-plaintiff landlord. The parties are addressed to hereinafter as the plaintiff and defendants for the sake of convenience and brevity.

(3.) IN the light of the pleadings of the parties, issues were settled at Ex. 16. The Trial Court found that the notice for termination of the tenancy was not legal and valid. Though the Trial Court found that the plaintiffs are entitled to possession on the ground of arrears of rent for a period of more than six months as the tenant was not ready and willing to pay the rent, ejectment decree was refused on the ground that the notice was not legal and valid. The Trial Court held against the landlord under Section 13(1)(g) and 13(1)(c) of the Bombay Rent Act. However, the Trial Court fixed the standard rent at Rs. 138/- per month inclusive of taxes.