WIDOW JAYABEN KAMESHWARBHAI JOSHI Vs. ARVINDKUMAR MATHURDAS CHANDRANI

JUDGEMENT

(1.) The respondents -landlords filed suit being R.C.S. No. 131 of 1997 against the tenant of the rented shop in question on ground of non -payment of rent. The shop premises being shop No. 14 was rented to the tenant on18th March, 1987 and the Bhada Chitthi i.e. rent note to that effect was effected on 18.3.1989. The tenant had not bothered to pay rent and other government taxes for long times. The landlord through his advocate issued notice on 4.11.1992. Thereafter, a kind of understanding had been arrived at between the parties. Then again, in an understanding was arrived, whereunder, it was agreed that the tenant was to make regular payment of rent and other taxes. Tenant did not bother to pay rent and other taxes. Hence, notice on 14.10.1996 was required to be issued and ultimately, a notice on 15.8.1997 came to be issued terminating the tenancy and demanding rent, which was due since last 57 1/2 months aggregating to Rs. 10,305=30ps. Notice was produced on record. The tenant was duly served and was represented by an advocate. During the pendency of the suit, the tenant had not paid amount towards rent and had not given any instructions to his advocate. The advocate of the tenant had to even file a 'no instruction purshish' and even after filing 'no instruction purshis', the tenant was issued notice, which was served upon him and no written statement controverting the version of the landlord came to be filed nor any evidence came to be led against the version of the landlord. The trial Court after recording the evidences and its finding based thereon, decreed the suit in favour of the landlord on 21.12.2001. The tenant assailed the same by preferring Regular Civil Appeal No. 13 of 2002 before the District Judge and 3rd F.T.C. at Junagadh, which Court also after discussion the merits of the matter at length, dismissed the same vide order dated 29.8.2006. Thus, being aggrieved and dissatisfied with the same, the applicants have preferred present Civil Revision Application under Section 29 of the Bombay Rent Act. 3. This court had heard learned counsel for the parties at a length and perused the papers of Civil Revision Application. 4. The trial Court's decision in fact, go to show that the suit is decreed in favour of the landlord on the ground that the legal notice had in fact been served as there were sufficient documentary proof on the record. The notice dated 15.8.1997 demanding arrears of rent and terminating the tenancy was in fact served upon the defendant -tenant and despite that when no action was taken, the suit was required to be filed. During the suit proceedings also as could be seen from the findings recorded by the trial Court, the tenant had not bothered to make up deficiency which would have warranted his eviction, if not ratified. The advocate of the defendant also cannot be said to be at fault as on number of occasions, he was required to seek time and ultimately, after having failed in his attempt to seek any instruction, he was constrained to file 'no instruction purshis'. This conduct of the tenant now in this Civil Revision Application cannot be permitted to take specious plea of so called lapses on the part of their advocate in conducting the suit. This Court is unable to agree with the submission of Shri Kakkad that trial Court has also not appreciated that there was no tangible evidence leading to the fact that tenant was in arrears. In fact the trial Court has discussed the evidence in detail. The notice and its receipt by the tenant, the arrears of rent and fact that despite sufficient opportunity, the deficiency which warranted his eviction had never been sought to be removed by the tenant. The trial Court had considered this fact and in an revision application, this Court is not inclined to interfere with the concurrent findings of both the courts below. The Civil Revision Application deserved to be dismissed and is accordingly dismissed. Rule discharged. Interim relief stands vacated. No costs. (PJD) Rule discharged.