NATWARLAL RATILAL PAREKH Vs. RAJUBHAI DURLABHBHAI

JUDGEMENT

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

(2.) Brief facts are that the disputed premises was let out by the respondent to the revisionist on monthly rent of Rs. 50/-. It was alleged that the revisionist did not pay any rent since 1.5.1975 and 34 months' rent fell due. Thereafter notice of demand was issued. The said notice remained uncomplied. Hence the Suit for eviction, recovery of arrears of rent and mesne profits was filed.

(3.) The Suit was resisted by the revisionist on the ground that the rate of rent was previously Rs. 30/- per month which was enhanced to Rs. 40/- p.m. and since 1977 it was issued Rs. 50/- p.m. He pleaded that the rent up-to-date was paid but no receipt was issued by the plaintiff respondent. He showed his readiness and willingness to pay the rent.