ISMAIL ABDULREHMAN AMROLIWALA Vs. RUKAIYABI BAKARBHAI

JUDGEMENT

(1.) In this revison, the petitioner-original defendant-tenant has questioned the legality and validity of the judgment and decree of eviction recorded by the District Court in Regular Civil Appeal No. 236 of 1978 whereby, while allowing the appeal, the District Court quashed and set aside the judgment and decree of the trial Court passed on 30-11-1978 by the Small Cause Court at Surat in Small Cause Suit No. 1532 of 1975, and granted decree for eviction and possession on the ground of non-payment of rent under Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Bombay Rent Act').

(2.) The opponent is the original plaintiff-landlord who instituted the above suit for eviction against the petitioner-tenant inter alia contending that the tenant is liable for eviction on the ground of non-payment of rent. The tenanted premises consist of one room admeasuring 12x14' which was rented to the tenant by the landlord for residential purpose on monthly rent of Rs. 75/-. The landlord served the tenant with a notice under Section 12(2) of the Bombay Rent Act, a copy whereof is produced at Exh. 36, demanding arrears of rent for 11 months from 1-9-1972 to 31-7-1973. Reply to the notice Exh. 48 was given by the tenant inter alia raising dispute of standard rent.

(3.) The trial Court upon pleadings of the parties raised several issues at Exh. 18. However, only one issue is put in focus in this revision pertaining to the decree for eviction on the ground of non-payment of rent. Therefore, the Court is required to examine as to whether decree for possession on the ground of non-payment of rent refused by the trial Court and granted by the appellate Court is legal and valid or not.