NARAYAN TRIBHOVANDAS KADIA Vs. NATWARLAL KARSANJI UPADHYAY

JUDGEMENT

(1.) This is a revision under Sec. 20(2) of the Bombay Rent Act, (hereinafter referred to as 'the said Act') filed by the tenant-original defendant wherein the respondent are the landlords-original plaintiffs.

(2.) The plaintiffs had filed the suit in the Rent Court constituted under Sec. 28 of the said Act for a decree of eviction against the defendant-tenant on two grounds viz. (1) arrears of rent of more than six months and (2) reasonable and bonafide personal requirement of the landlord. The defendant-tenant contested the suit on both the grounds. It may also be noted here that it is not disputed that the tenant had raised a dispute as to standard rent by giving his reply to the suit notice within the prescribed period of 30 days and raising the dispute in the said reply. It may also be noted that in the suit notice the landlord had demanded arrears of rent on the basis that Rs. 26/- per month was a contractual rent and Rs. 5/- per month were permitted increases. Thus, the landlord had claimed arrears of rent, so far as the suit notice is concerned, at the rate of Rs. 31/- per month. In the dispute raised by the tenant in his reply to the suit notice, the tenant had accepted Rs. 26/- per month as contractual rent, but had disputed Rs. 5/- as an amount being due and payable to the landlord by way of permitted increase.

(3.) After recording evidence and appreciating the same, the trial court dismissed the suit of the landlord on both the grounds.