N D THAKORE Vs. GAJANANDRAO RAMRAO YAVALE

JUDGEMENT

(1.) This is tenant's revision under Sec. 29(2) of the Bombay Rent Act, 1947 (for short "the Act")

(2.) The respondent had let out the disputed premises at Rs. 8.50 ps., per month besides electricity charges. He tell in arrears of rent with effect from 1-9-1975. Notice of demand was served. But the rent was not paid within a month of service of notice of demand. Eviction was sought on this ground. Another ground for tenant's eviction was that he did not use the suit premises continuously for six months immediately before institution of the suit. The third ground was that the premises was reasonably and bona fide required by the landlord for his own occupation. Accordingly the suit for eviction, recovery of arrears of rent and mesne profit was filed.

(3.) The revisionist contested the suit on the ground that no rent was due from him and that the rent was sent by Money Order after receipt of notice which was refused by the respondent-landlord. The other two grounds for eviction were also denied by him and he maintained that he was using the suit accommodation for his residence and that the suit accommodation was not bona fide and reasonably required by the landlord.