ROHIT VASANTRAO DIWANJI Vs. DEEPAKBEN JASBHAI PATEL

JUDGEMENT

(1.) This is tenants' Revision under Section 29(2) of the Bombay Rent Act (for short "the Act").

(2.) Brief facts are that the respondent landlord filed Suit for eviction of the tenants revisionists on the ground that the tenant created nuisance in the suit accommodation and further that the tenant had built a new building and thereby acquired vacant possession of suitable residence after coming into operation of the Bombay Rent Act, 1947. Eviction was also sought on ground of non-payment of rent.

(3.) The Suit was resisted by the revisionist on the ground that he was not in arrears of rent and that he did not commit any nuisance in the suit accommodation. He also pleaded that no doubt he constructed four storied building, but the said building was for commercial purpose and it was let out to various tenants for being used as shop and office and that no portion in the building was available for occupation of the landlord and that this building was not suitable for residence.