NARBHERAM AMBALAL Vs. JAYANTILAL DAHYABHAI KHARVA

JUDGEMENT

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

(2.) Brief facts are that the revisionist was tenant of the respondent in the disputed premises on monthly rent of Rs. 5.00. The property was purchased by the plaintiff-respondent. He filed Suit No. 554 of 1963 against the revisionist for his eviction which was dismissed. Appeal was also dismissed. Legality of transfer in favour of the respondent was challenged. Therefore, a Deed of Relinquishment was obtained whereafter another Suit No. 1151 of 1967 was filed for declaration that the plaintiff- respondent is owner of the property and the defendant was a tenant. The said suit was decreed. Thereafter, the defendant-revisionist fell in arrears of rent from 3-12-1962. Notice of demand was served, but the rent was not paid nor the premises was vacated. Eviction was sought on the ground that the tenant remained in arrears of rent for more than six months which he failed to pay within a month of service of notice of demand. Eviction was also sought on the ground that the premises was reasonably and bona fide required by the landlord-respondent for his personal use, Eviction was also sought on the ground that the revisionist had acquired suitable residence for his use.

(3.) The suit was contested on the ground that the suit is barred by res judicata because of dismissal of earlier Suit No. 554 of 1963. It was denied that the premises was reasonably and bona fide required by the landlord. It was also denied that the revisionist acquired suitable alternative accommodation for his residence. Dispute of standard rent was raised by the revisionist in his reply to the notice of demand.