NATVARSINH NATHUSINH SOLANKI Vs. KIKIBEN CHHAGANLAL MISTRI

JUDGEMENT

(1.) The petitioner is the original defendant tenant in respect of the demised premises bearing house No. 335/2 in Ward No. 6 of Motiram Mohalla, at Navsari town, at the monthly rent of Rs. 16.50. The respondent is the original plaintiff-landlord. The parties are, hereafter, addressed to as landlord and tenant for convenience sake.

(2.) The landlord filed Regular Civil Suit No. 12 of 1977 in the Court of Civil Judge (S.D.) at Navsari, for eviction against the tenant which came to be dismissed. The appeal filed by the landlord before the District Court, at Navsari, was allowed. The tenant carried the matter in revision before this Court. This Court (Coram : A.N. Surti, J) in Civil Revision Application No. 476 of 1980 filed by the tenant, remanded the matter to the Trial Court with a direction to dispose of the suit in accordance with law after giving suitable opportunity to both the sides to prove their respective case having regard to the provisions of Sec. 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Bombay Rent Act' for short) as there was no question of passing of decree under Sec. 12(3)(b) as liability of taxes was on the tenant.

(3.) Upon remained, the Trial Court, after hearing the parties and considering the evidence on record, decreed the suit for possession on 27.12.1983, which came to be confirmed by the District Court in Regular Civil Appeal No. 15 of 1984. Hence, this revision at the instance of the tenant under Sec. 29(2) of the Bombay Rent Act.