LALJI LACHHAMNDAS Vs. AMIRUDDIN AMANULLA

JUDGEMENT

(1.) A room bearing No. 2 in Chawl No. 2 situated at Jawahar Nagar, Khar (East) Bombay, is tenanted by the respondent in this petition and the petitioner is the owner of the said room and therefore, landlord of the respondent. The monthly rent of the said room, which will hereinafter be referred to suit premises, is Rs. 13. 50 ps. It was the case of the petitioner that the respondent was in arrears of rent from April 1967. A composite notice terminating the tenancy of the respondent as well as calling upon him to pay arrears of rent due from him was sent on 22nd March 1968. However, the respondent did not pay the arrears and hence became a defaulter within the meaning of section 12 (3) (a) of the Bombay Rents, Hotel and Lodging House Rates Control Act (hereinafter referred to as "rent Act" ). The other two grounds urged against the respondent were that he had changed the user of the premises from residential to business and secondly, it was alleged that he had carried out unauthorised constructions and caused damage to the suit premises.

(2.) THE respondent in his defence filed on 13th February 1969 challenged the notice terminating his tenancy as it was invalid. He also contended that the contractual rent was not Rs. 13. 50 ps. as alleged but it was Rs. 12/- only. According to him he was not in arrears of rent from April 1967 as alleged. He denied having changed the user of the premises. He also denied having constructed any unauthorised structure as alleged. According to him the contractual rent of Rs. 12/- charged by the petitioner was in excess of the standard rent. He pleaded protection of the Rent Act and contended that the suit be dismissed with costs.

(3.) ON these pleadings the learned trial Judge framed relevant issues. On the examination of the evidence of the parties both oral and documentary, the learned trial Judge came to the conclusion that the tenancy of the respondent was duly terminated by legal and valid notice. On the question of standard rent the learned trial Judge came to the conclusion that the standard rent in respect of the suit premises was Rs. 12/- per month. The learned trial Judge held that the respondent was in arrears of rent from April 1967 and he failed and neglected to pay the arrears within time inspite of receipt of notice of demand. On the question of change of user the learned Judge found that the respondent has changed user of the suit premises from residence to business. As regards the third ground, the learned Judge found that the respondent had not carried out any unauthorised construction of permanent nature as alleged by the petitioner. In view of these findings, the petitioner was held to have become entitled to recover possession of the suit premises and therefore, a decree in eviction was passed against the respondent.