VORA ISUFALI BABUJI Vs. PIEJARA GAFAR DOWOOD

JUDGEMENT

(1.) The petitioner-plaintiff was aggrieved by the impugned judgment and decree passed in Regular Civil Appeal No. 4 of 1974 of the court of the learned District Judge, Jamnagar, and which had arisen out of the judgment and decree passed in Regular Civil Suit No. 32 of 1972 of the Court of the Civil Judge, J.D., at Kalavad. Both the Courts dismissed the plaintiff's suit for possession.

(2.) It is under these circumstances that the present revision application is filed by the plaintiff in this Court.

(3.) In the instant case, it may be noted that the opponent is paying the monthly rent of Rs. 8-50 for occupying the suit premises as a tenant. It was the grievance of Mr. Nanavati, the learned advocate appearing for the petitioner, that both the subordinate Courts erred in not passing a decree for eviction under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. In order to substantiate the point Mr. Nanavati brought to my notice the fact that the petitioner-plaintiff purchased the suit property on February 2, 1972, and that when he purchased the property he had a right in law to recover all the arrears of rent from the opponent-tenant. In the context of these premises, Mr. Nanavati urged that the plaintiff gave the suit notice on April 1, 1972, to the defendant-tenant and called upon him to pay all the arrears of rent from November 1, 1969 to March 31, 1972. He stated, that in this way, the tenant was in arrears of rent for a period of more than six months. That the defendant had to pay rent to the plaintiff from month to month; and that there was no dispute in regard to the standard rent of the suit premises; and as there was neglect on the part of the tenant to make payment of rent as demanded, both the subordinate Courts oughts to have passed an eviction decree under Section 12(3)(a) of the aforesaid Act.