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1973 Supreme(SC) 116

A.N.RAY, D.G.PALEKAR
Bai Hiragauri – Appellant
Versus
Abdul Kadar Mamadji – Respondent


Judgment

PALEKAR, J.:- These are appeals by special leave from the judgment and Order dated October 18, 1966 of the High Court of Gujarat at Ahmedabad in Civil Revision Applications No. 446 of 1962 and 569 of 1962 respectively.

2. Bai Hiragauri - the appellant, is the aggrieved landlady and the respondents Abdul Kadar Mamadji and Abdul Rahim Musaji respectively are the tenants. The suits were for their eviction. Abdul Kadar was let out the premises bearing no. 1155 on a monthly rent of Rs. 23/- and Abdul Rahim was let out another shop bearing no. 1155/2-3 and the monthly rent was Rs. 40/-. The tenants had agreed to bear the dues in respect of municipal taxes and consumption of electricity. Abdul Kadar did not pay the rent from 1st November, 1956 to 31st August, 1957 and similarly Abdul Rahim was in arrears of rent from 1st February, 1957 to 31st August, 1957. Under the law, they were liable to be evicted for being in arrears for more than six months. As required by law the landlady gave them notice of eviction on 12-9-1957 calling upon them to pay the arrears of rent and to quit and deliver up vacant possession of the shops in their possession on or before the 30th September, 1957. T








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