VIJAYA ANANTRAI MODI Vs. BHANUMATI TULSIDAS

JUDGEMENT

(1.) THE petition has been filed by the original defendant tenant challenging the concurrent findings, both of the Trial court as also of the Appellate Court of the Court of Small Causes, Bombay decreeing the plaintiffs' suit for possession under Section 12 (3) (a) of the Bombay Rent Act i.e., on the ground of default in payment of rent Whether the case falls under Section 12 (3) (a) or 12 (3) (b) of the Bombay Rent Act and whether the tenant has complied with the requirement of Section 12 (3) (b) are the only questions which have been agitated before me. The possession was claimed on an additional ground viz. , the nuisance and annoyance. The said ground was answered against the plaintiffs and the same has not been agitated before me.

(2.) THE suit premises consist of one room situate in the rear portion of the ground floor of a building known as 'Ganga Kunj' situate at Gandevi, Bombay. The father of the original defendant was the tenant of the said premises since about the year 1942. After the death of his father in 1973 the original defendant continued in possession as a tenant. The contractual rent in respect of the premises was Rs 110. 75 Ps. per month.

(3.) PARAGRAPH 3 of the notice recites ;"you are in arrears of rent from 1-12-1968 to 31-10-1971, and the monthly rent is Rs. 11. 75 you have failed to pay the arrears amounting to Rs. 411. 25 though demanded. You have also not paid repair cess amounting to Rs 33. "The concluding part of the notice recites ;"you are further called upon to pay the aforesaid arrears of rent due from 1-12-1968 to 31-10-71 together with repair cess amounting to Rs. 444. 25 as aforesaid to my clients as is provided under the Rent Act, failing which action will be taken at your risk and costs. You are also called upon to pay water charges amounting to Rs. 9. 65. "