KASAMBHAI ISMAILBHAI Vs. BAVABHAI KARSANBHAI PATEL

JUDGEMENT

(1.) This Revision Application under Sec. 29(2) of the Bombay Rent Act. 1974 (for short "the Act") has been filed by the tenant challenging the decree for eviction and the rent, etc. passed by the trial Court which has been confirmed in Appeal by the lower Appellate Court. None has appeared on behalf of the landlord respondent at the time of hearing of this Revision. As such the Counsel for the revisionist Shri M.S. Shah has been heard.

(2.) The Suit for eviction of the revisionist was filed mainly on ground of tenant being in arrears of rent for more than six months as contemplated under Sec. 12(3) (a) of the Act. Notice was served by Registered Post upon the revisionist. He did not pay the arrears of rent nor he deposited the same in Court. He did not file any written statement nor did he raise any dispute regarding the standard rent. The defence of the tenant revisionist was struck off by a specific order of the trial Court within the ambit of Sec. 11(4) of the Act. Plaintiff's evidence was recorded and ultimately the Suit was decreed. In Appeal the Decree of the trial Court was confirmed.

(3.) Four submissions have been raised by the learned Counsel for the revisionist in this revision.