KANSARA KANTILAL FOGATLAL Vs. BAI MANIBEN

JUDGEMENT

(1.) This is a revision application under the Rent Act. The learned Assistant Judge of Kaira at Nadiad in appeal decreed the plaintiff- landladys suit for possession on the ground of arrears of rent holding that the requirement of clause (b) of sub-sec. (3) of sec. 12 of the Rent Act had not been satisfied. In revision it is contended that the require- ment of sub-sec. (2) of sec. 12 of the Rent Act has not been satisfied. That sub-section reads as follows :

(2.) It is therefore contended that no notice was given for the arrears of rent which were due on the date of the suite A notice was given on 2 to the tenant stating that an amount of Rs. 175.00was due as arrears of rent for seven months. Subsequently the tenant filed an application for standard rent The standard rent was fixed. these proceedings went on upto 1960. The suit was filed on 31-1-1961. Before the date of the filing of the suit the rent which had been claimed in the notice dated 2-5-1959 had been paid and this is admitted by the plaintiff in the plaint. On the date of the suit although the amount demanded in the notice was not in arrears the rent due for 50me subsequent months was in arrears. The learned appellate Judge took the view that in such circumstances no fresh notice is necessary and that the amount of arrears of rent was not paid as required by sec. 12(3)(b) of the Rent Act and therefore a decree for eviction should be passed.

(3.) Whether a notice dated 2-5-1959 is a sufficient compliance of sub- sec. (2) of sec. 12 of the Rent Act depends on the wording of that sub-section; which is already quoted above. It refers to suits for recovery of possession on the ground of non-payment of the standard rent or permitted increases. In other words the notice must contain a demand of the standard rent non-payment of which is the basis of the suit. In this case the suit is not for the payment of rent demanded in the notice of 2-5-1959 and therefore the notice does not satisfy the requirement of sub-sec. (2) of sec. 12 of the Rent Act.