RATILAL Vs. KUVARBEN

JUDGEMENT

(1.) Heard finally by consent.

(2.) The petitioner/tenant has challenged the exparte judgment and decree dated 1.7.2003 passed in RAE & R Suit No.1633/5893 of 1978 and the judgment and order in Appeal No.104 of 2005 dated 29.08.2008. The respondents are the legal heirs of deceased Chabildas Patel, the owner of a chawl having about 27 rooms, known as Chabildas Chawl, Teli Galli Cross Lane, Andheri (East), Mumbai-69. The suit room is a single room tenement admeasuring about 10'x10' and the rent of the premises is Rs.19/- exclusive of the permitted increases.

(3.) A notice of demand dated 26.09.1978 was issued as the petitioner was in arrears of rent for more than 112 months. Therefore a Suit in question was filed for eviction in the Small Causes Court at Mumbai. The original plaintiff and the defendants expired during the proceedings. Therefore, the respective heirs are proceeding with the matter. A written statement, as well as, an additional written statement are filed. On 10.11.1995 issues are framed.