MALANGBHAI BANNUBHAI Vs. MAHAMADSHA HUSEINSHA DIVAN

JUDGEMENT

(1.) This is tenant's revision under Sec. 29(2) of the Bombay Rent Act.

(2.) Brief facts giving rise to this revision are that the revisionist was a tenant of the respondent of one room of the ground floor on monthly rent of Rs. 30/- plus Rs. 3/- p.m. as electric charges. He fell in arrears of rent since 20.6.1973. As such notice of demand was sent on 1.12.1975 which was refused by the tenant and further because there was non-compliance of Sec. 12(2) of the Act that the Suit for eviction of the tenant was filed. In the plaint arrears of rent were not claimed.

(3.) The suit was resisted on the ground that the rate of rent is unreasonable and it should be fixed at Rs. 10/p.m. The revisionist denied that he was in arrears of rent since 20.6.1973. He also denied service of notice on him by refusal and pleaded that notice was not refused by him. He also denied his liability to pay the electricity charges.