BHARVAD CHHOTA BHAGA Vs. BHARVAD JAGA DAHYA

JUDGEMENT

(1.) This is defendant's Second Appeal.

(2.) The facts giving rise to this Appeal are that the plaintiff, who is the owner of the disputed premises permitted the defendant-appellant to occupy one room and kitchen as licensee for short period of two months without charging any licence fee. This was done at the intervention of the common relative Gandabhai Chakubhai. The defendant did not vacate the premises after expiry of two months. Hence, the notice was served upon him. He again did not comply with the notice rather gave wrong reply to the notice that he was tenant on monthly rent of Rs. 7/- and accordingly after revocation of licence the suit for possession was filed against the defendant-appellant.

(3.) The defendant-appellant contested the suit on the ground that he was tenant in the accommodation consisting of one room, osari, kitchen, common lavatory, water tap and the compound on Rs. 7/- p.m. It was initially in the tenancy of one Hemubhai Kalaji. It was denied that the appellant was licensee or that he was inducted as licensee through intervention of one Gandabhai. It was also pleaded that the Appellant was paying the rent but no receipt was isued by the landlord-respondent. He filed Application in the Trial Court for fixation of standard rent.