SHANKARRAO JAGTAP SAKARAM Vs. VASANTRAO SAKARAM PAWAR

JUDGEMENT

(1.) This is tenant's revision under Sec. 29(2) of the Bombay Rent Act arising out of the following tacts : The landlord-respondent had let out the disputed premises to the tenant- revisionist on monthly rent of Rs. 6.00. The revisionist fell in arrears of rent since 1-1-1958. Notice of demand and eviction was allegedly served on revisionist on 13-4-1976. Nothing was paid within a month of service of notice of demand. Hence, the suit for eviction was filed.

(2.) The defendant despite service of summons did not file any written statement nor contested the suit.

(3.) The trial Court found that the two grounds for eviction set out in the plaint, viz., bona fide requirement of the suit premises by the landlord and tenant being in arrears of rent for more than six months was not proved. Accordingly, the decree for eviction was refused, but decree for arrears of rent within limitation was passed.