NARAYAN GANPAT BHOITE Vs. RAMPYARI SUCHITRAM GUPTA

JUDGEMENT

(1.) HEARD learned Counsel for the parties. The petitioner landlord has impugned the decision of the Appellate Bench of the Small Causes Court, under which, the judgment and decree passed by the Judge of the Small Causes Court in favour of the plaintiff landlord directing the defendant tenant to vacate and handover peaceful possession of the suit premises to the plaintiff, came to be dismissed.

(2.) THE plaintiff landlord was required to file suit against the defendants seeking a decree for eviction against his tenants on the grounds that the tenants failed to pay monthly rent from 1-9-1960 till the giving of the demand notice dated 4-12-1970. The demand notice was issued under section 12 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as Bombay Rent Act, 1947 ). The landlord was required to join the original tenant Smt. Rampyari Suchitram Gupta as defendant No. 1 and her son Mevalal Gupta as party defendant No. 2. It appears that during the pendency of the suit the original tenant Smt. Rampyari Gupta expired and therefore her legal heirs were brought on record.

(3.) THE suit was filed by the plaintiff landlord claiming thereby the possession of the suit premises on the ground that the tenant having failed to pay the rent within a period of one month from the service of notice of demand, she was liable to be evicted.