BUCHA VECHAN GADDHACHARI Vs. MAHENDRAKUMAR D. CHAUHAN

JUDGEMENT

(1.) THE petitioner is the tenant against whom an ejectment decree is passed by both the Courts below on the ground of non-payment of rent under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (Bombay Rent Act).

(2.) THE respondents are the landlords original plaintiff who served the petitioner original defendant tenant with a notice under section 12(2) of the Bombay Rent Act demanding arrears of rent. Notice Ex. 22 is dated 21.2.73, wherein the rent was claimed from 1.2.64 to 31.1.73. Thus the tenant was in arrears for almost 11 years rent. The rent in respect of the demise premises was Rs. 10/- per month. Notice was received by the tenant on 27.2.73, as per the acknowledgement produced Ex. 23 in the Trial Court. No dispute was raised within a period of one month after the receipt of notice Ex. 22 under Section 12(2) of the Bombay Rent Act. The dispute came to be raised for the first time in a suit for possession filed by the landlords. The landlord filed suit for eviction and for recovery of the rent being Rent Suit No. 3825/79. The suit was filed for possession of the demise premises on the ground of non-payment of arrears of rent for more than six months. The defendant tenant inter alia contended in the written statement that the rent was not in arrears as the same had been paid to the predecessor of the landlords. Thus according to the case of the defendant, rent was not in arrears. The tenant had also contended that the agreed rent of Rs. 10/- is excessive and therefore standard rent may be fixed.

(3.) BEING dissatisfied by the judgment and decree recorded by the trial Court, the original defendant tenant carried the matter before the Appellate Court by filing Civil Appeal No. 321 of 1979. The appeal came to be dismissed and the judgment and decree of the trial Court came to be confirmed. Hence this revision under section 29(2) of the Bombay Rent Act.