Judgment

SAWANT, J.:- This appeal is by a tenant against the order of his eviction which is confirmed by two courts below. The eviction suit was filed on the ground of arrears of rent and on the ground that a permanent structure was erected in the suit premises without the previous permission in writing of the landlord. The Small Causes Court, Bombay granted a decree of eviction in favour of the respondent-landlord only on the ground of the arrears of rent holding that the other ground, viz., the construction of a permanent structure by the tenant without the authority of the landlord was not proved. This decision was confirmed in appeal by the Appeal Bench of the Small Cause Courts, Bombay. The writ petition filed in the High Court against the said judgment was dismissed summarily.

2. The only point which was canvassed before us was whether the appellant had received the notice dated September 3, 1963 demanding the arrears of rent and whether the appellant had failed to pay the arrears of rent within thirty days of the receipt of the said notice as required under the relevant provisions of the Bombay Rent Act (hereinafter referred to as the "Act"), there being no dispute that the re