AHMED SALEH PATEL Vs. CHIMANBHAI KHIMCHAND DHRUV

JUDGEMENT

(1.) The landlord revisionist feeling aggrieved from the Judgment and Decree of the lower Appellate Court has preferred this revision under Sec. 29(2) of the Bombay Rent Act, 1947 (for short "the Act").

(2.) The revisionist is the owner landlord of the disputed premises consisting of two rooms. It was let out on monthly rent of Rs. 64/- to the defendant No. 1. He fell in arrears of rent for more than six months whereupon the notice of demand was sent was 3.9.1976. The notice of demand remained uncomplied with. The Suit for eviction was filed on four grounds. The first was non-payment of arrears of rent exceeding six months within a month of service of notice of demand. The second ground was that defendant No. 1 had illegally Sub-let a portion of the premises, viz., one room to the defendant No. 2 and was deriving profit therefrom. The third was that the tenant in chief had raised permanent structure in the disputed premises without written permission of the landlord and the last was the change of user of the premises for purpose other than that for which it was let out.

(3.) Both the defendants contested the Suit. The defendant No. 2. The alleged Sub-tenant, adopted written statement of defendant No. 1. The defendant No. 1 denied all the four allegations and pleaded for dismissal of the Suit.