THAVARDAS VASANTMAL BHARVANI Vs. JAGDISHBHAI TEKCHANDBHAI PAMNANI

JUDGEMENT

(1.) PETITIONER tenant has preferred this revision application under section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short the rent Act) and challenged legality of judgment and decree passed by the learned Presiding Officer, 6th Fast Track Court, Gondal camp Jetpur on 8.6.2007 in Regular Civil Appeal No. 4 of 1999 confirming the judgment and decree of arrears of rent and possession passed by learned Joint Civil Judge (JD), Jetpur on 31.12.1998 in Regular Civil Suit No. 43 of 1993. For the sake of convenience, the parties are referred to as plaintiff landlord and defendant tenant in this judgment.

(2.) THE plaintiff landlord filed suit for actual and vacant possession of the suit premises and arrears of rent contending that the defendant is the tenant of a room admeasuring about 19 x 22 and is paying rent of Rs. 300/- per month; that he has not paid rent from 1.1.1992 to 1.2.1993 and despite repeated demands, as the defendant tenant did not pay arrears of rent for more than 6 months, a demand notice was served to him but he did not pay the rent, thereby he is in arrears of rent for more than six months and therefore, liable to be evicted. It is also contended that the defendant tenant agreed to hand over possession of suit premises as per the consent terms in Civil Misc. Application No. 16 of 1992, but did not hand over possession and therefore, the plaintiff landlord is entitled for possession of the suit premises. It is further contended that the suit premises is required for his personal use and occupation and therefore, the suit is filed for recovery of arrears of rent of Rs. 4200/- with actual and vacant possession of the suit premises.

(3.) ON the basis of pleadings, the trial Court framed issues at Exh-13 and the parties adduced evidence.