JAGDISBHAI J DESAI Vs. VIDYABEN RAMBHAI PATEL

JUDGEMENT

(1.) In this revision application, the original defendant-tenant has questioned the legality and validity of the ejection decree passed by the learned Additional Judge, Small Cause Court, Baroda and confirmed by the appellate Court, by invoking aids of provisions of S.29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('Rent Act' for short).

(2.) Relevant material facts giving rise to this revision may be stated. Respondent is the original plaintiff-landlord who instituted rent suit No.1978 of 1976 in the Small Cause Court at Baroda on 6-9-1976 seeking possession of the demised premises consisting of three rooms, kitchen and galary on the first floor in residential area situated at Raopura, Baroda bearing municipal census No. 21/3396 on the ground that the petitioner has incurred liability and rigours of the provisions of S. 12 of the Rent Act as he was in default in payment of rent for more than six months at the time when the notice was sent.

(3.) The defendant tenant appeared and resisted the suit by filing written statement raising various contentions. He denied that he was in arrears of rent as claimed by the plaintiff-landlord. According to his contention, he had paid the amount of rent to Shantibhai Bhartiya for and on behalf of the plaintiff and claiming to have paid rent from 1-5-1975 to 31-5-1976 to one Natubhai Bhailabhai. He also denied the title of the plaintiff.