VENILAL GOVINDJI NAGAR Vs. AMBARAM NANBHAI

JUDGEMENT

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

(2.) The brief facts essential for the disposal of this revision are as follows : The portion of an open land belonging to the landlord-respondent was let out to the defendant No. 1 revisionist on annual rent of Rs. 8/-. The defendant No. 1 raised super structures out of his own fund. There was allegation that the defendant No. 1 also encroached upon another land belonging to the landlord. The suit for eviction was filed by the landlord on five grounds. The first was that the defendant No. 1 was in arrears of rent with effect from 1-4-1970. Notice was given on 13-4-1976. The arrears were not paid to the landlord by the defendant No. 1 within a month of service of notice nor any reply to the notice was given. The second ground for the eviction was that the tenant-in- chief was creating nuisance or annoyance to the landlord. The third ground for eviction was that the land was reasonably and bona fide required by the landlord for raising his building thereon. The fourth ground for eviction was that the defendant No. 1 had illegally sub-let the land in question to the defendant No. 2 and the last ground was denial of title of the landlord by the tenant- defendant No. 1. Of course, this plea was taken during the pendency of the suit by getting the plaint amended.

(3.) The suit was resisted by the defendant No. 1 denying the allegation of nuisance, sub-letting and being in arrears of rent. It was also denied that the land in suit was reasonably and bona fide required by the landlord for erecting his building. Regarding denial of title, the case of the tenant-in-chief in the written statement was that he is not only the owner of super structure, but also the owner of the land inasmuch as the land was purchased from the father of the plaintiff-landlord.