LAWS(GJH)-1998-7-71

P D TRIVEDI Vs. CHANDANBEN M SHAH

Decided On July 29, 1998
P.D.TRIVEDI Appellant
V/S
CHANDANBEN M.SHAH Respondents

JUDGEMENT

(1.) This is tenant's revision under Sec. 29(2) of the Bombay Rent Act. The brief facts giving rise to this revision are that the disputed premises was let out by the respondent to the revisionist on monthly rent of Rs. 150.00 besides taxes. The tenant tell in arrears of rent exceeding six months. Hence, notice of demand under Sec. 12 of the Act was served on 28-9-1982. Neither the notice was complied with nor any reply was given. Hence, suit for eviction was filed. During the pendency of the suit amendment was sought in the plaint and eviction was sought on additional ground under Sec. 13(l)(c) of the Act alleging that by the conduct of the tenant in usurping possession of one room illegally and forcing the landlady to face litigation upto the Apex Court for getting the said room vacated from the tenant amounted to annoyance and nuisance to the landlady.

(2.) The trial Court dismissed the suit for eviction but granted decree for arrears of rent and also fixed the standard rent at Rs. 150.00 p.m.

(3.) An appeal was filed by the landlady and also a revision by tenant fixing standard rent. The revision was dismissed by the lower Court. The appeal was against the order of the trial Court refusing to grant decree for eviction which was filed by the landlady. The appeal was allowed and on ground of nuisance and annoyance to the landlady decree for possession was granted. It is, therefore, this revision.