MANGALDAS PITAMBERDAS RANA Vs. NALINKUMAR MUGALLAL JAYASWAL

JUDGEMENT

(1.) The petitioner-tenant was aggrieved by the impugned decree of eviction passed by the learned 3rd Extra Assistant Judge Baroda in Civil Appeal No. 317 of 1972 and which had arisen out of the judgment and decree passed by the learned Joint Civil Judge (J.D.). Baroda in Regular Civil Suit No. 293 1969.

(2.) A few relevant facts giving rise to the present revision application may be stated in brief. The opponent-landlord filed Regular Civil Suit No. 293 of 1959 in the Court of the Joint Civil Judge. J. D.. Baroda for getting an eviction decree essentially on two grounds viz (1) for arrears of rent for a period of more than six months and (2) for bonafide personal requirement. It may be mentioned at this stage that it was the case of the plaintiff that the defendant is a tenant of the shop on the ground floor of the premises in question and its monthly rent was fixed at Rs. 10/ - in the year 1951 It is also the case of the plaintiff that two residential rooms on the upper floor were also let out to the defendant and its monthly rent was fixed at Rs. 15.00 per month in the year 1958.

(3.) The plaintiff terminated the tenancy in respect of both the afore- said premises by a notice dated 25-11-1968 Ex. 31. By the said notice to quit the plaintiff called upon the defendant-tenant to pay to him the arrears of rent plus the education cess.