BHARATKUMAR DHANAJIBHAI KUBER Vs. MARKAND UMEDLAL JOSHI

JUDGEMENT

(1.) This Second Appeal under Section100 of the CPC is at the instance of the original defendant - tenant and is directed against the judgment and order dated 30/12/2017 passed by the Additional District Judge, Jamnagar, in Regular Civil Appeal No.51 of 2013 arising from the judgment and decree passed by the Additional Senior Civil Judge allowing the Regular Civil Suit No.85 of 2007 filed by the respondent herein - original plaintiff - l landlord for recovery of possession of the rented premises as well as arrears towards the rent.

(2.) It appears from the materials on record that the respondent herein - original plaintiff is the owner of the suitproperty, which is a shop situated in Jamnagar. The said shop was taken on rent by the appellant herein. The rent fixed was at Rs. 175/ per month. The agreement between the parties is of the year 1987. As the appellant herein stopped paying the rent and the amount of Rs. 7,525/ was due and payable towards the arrears of rent of last six months, the plaintiff terminated the tenancy by issuing a statutory notice Exh.19 dated 21/11/2006. Despite service of notice, the tenant failed to make the payment. The plaintiff thereafter proceeded to file a Regular Civil Suit No.85 of 2007 in the Court of the Additional Senior Civil Judge, Jamnagar for possession of the shop as well as arrears of rent.

(3.) The appellant herein appeared before the Civil Court and filed his written statement. The appellant opposed the suit filed by the plaintiff substantially on the ground of nonjoinder of parties. According to appellant, he is not the sole tenant. His brothers are also cotenants alongwith him. As the brothers were not joined in the suit, the appellant herein prayed that the suit be dismissed on the ground of nonjoinder of necessary parties. The appellant also raised issue with regard to the legality and validity of the statutory notice Exh.19 issued by the plaintiff.