PRAKASH SURYA Vs. RASIKLAL ISHVERLAL MEHTA

JUDGEMENT

(1.) Shri Prakash Surya Petitioner herein has preferred this revision application against the judgment and decree in Regular Civil Appeal No. 138 of 1970 filed by him in the District Court Kutch at Bhuj by which he was directed to hand over vacant and peaceful posses sion of the premises occupied by him as a tenant. Respondent is the original plaintiff.

(2.) Plaintiff filed Regular Civil Suit No. 141 of 1969 in the Court of Civil Judge (Junior Division) Anjar District Kutch against the defendant for recovering possession of the premises being a house situated in Adipur town on the ground that the defendant is a tenant in arrears and is not shown to be ready and willing to pay the rent and also on the ground that the plaintiff reasonably and bona fide required the suit premises for his own use and occupation. The defendant tenant appeared in the suit and filed his written statement Ex. 14 inter alia contending that the notice terminating the tenancy was not legal and valid and that he was always ready and willing to pay the rent. He denied that the plaintiff required the suit premises reasonably and bona fide for his own occupation. He also raised a contention about the standard rent.

(3.) The learned trial Judge held that the plaintiff has failed to prove that he reasonably and bona fide required the suit premises for his own occupation and consequently he did not decide the question of comparative hardship. The learned Judge fixed the standard rent of the suit premises at Rs. 85.00 per month. It was also held that the plaintiff was a tenant in arrears from 1-1-1968 and that he was not shown to be ready and willing to pay the rent and the suit would be governed by sec. 12 (3) (a) of the Bombay Rent Act and the plaintiff will be entitled to recover possession of the suit premises on the ground that the defendant was a tenant in arrears of rent and he was not ready and willing to pay the rent. On this ground the learned trial Judge passed a decree directing the defend ant to hand over possession of the suit premises to the plaintiff. The defendant carried the matter in appeal being Regular Civil Appeal No. 138 of 1970 in the District Court Kutch at Bhuj. The learned District Judge who heard the appeal dismissed the same and confirmed the decree of the trial Court. Defendant tenant has questioned the correctness of the judgment and decree passed by the learned District Judge in this Civil Revision Application.