HIRAMAN DEVAJI CHAUDHARI Vs. KHATIJABAI AHSANALI BOHARI

JUDGEMENT

(1.) THIS writ petition has been filed by the defendant-tena it against the order of eviction passed against him under the provisions of Section 12 of the Bombay Rents, Hotel and Lodging House Rates control Act, 1947, by the Civil Judge S. D. Brandol, which was confirmed in appeal by the fourth Additional District Judge, Jalgaon.

(2.) ADMITTEDLY, House No. 5133 Plot No 13 is owned by the plaintiff. According to the plaintiff, the defendant has been residing in the house on monthly rent of Rs. 5. The defendant was in arrears of rent for about eight years, and inspite of demand notice, he did not pay rent. The plaintiff, therefore, filed suit for ejectment of the defendant. Plaintiff also claimed arrears of rent for a period of three years before filing of the suit which was in time.

(3.) THE defendant contested the suit. According to the defendant on 1-3-1951 he sold the suit house to the plaintiff, but did not deliver the possession. Inter alia he contended that he perfected his title by adverse poss ;ssion. He denied that he is in possession of the premises as tenant. The defendant contended that as the plaintiff did not filed the suit within 12 years after the first demand notice, the suit was barred by limitation.