DIPAK MISRA, ROHINTON FALI NARIMAN, UDAY UMESH LALIT
Yusufbhai Noormohammed Jodhpurwala – Appellant
Versus
Mohamed Sabir Ibrahim Byavarwala – Respondent
Judgment :
Rohinton Fali Nariman, J.
1. The present Special Leave Petition is a landlord's appeal against an order passed by the High Court of Gujarat on 30th September 2013 allowing Civil Revision Application No. 44/2013 by the tenant.
2. The brief facts necessary for the disposal of this SLP are as follows:
Some time in 1971 the landlady had let out the first floor portion of the suit premises to the present Respondent at the rate of Rs. 70/- per month. The standard rent was fixed by a court order in the year 1971 itself at the contractual rent of Rs. 70/- per month. On 9th March 1987 the Petitioner issued a legal notice to the Respondent-tenant stating that the tenant was in arrears of rent for more than six months i.e. on and after 1st March 1986. Various other breaches were also pointed out by the said-notice and a claim for bonafide requirement by the landlord and his family members was also made Under Section 13(1)(g) of the Bombay Rent Act. The Respondent tenant replied to the notice denying all the allegations by a letter dated 9 April 1987. This was followed by an eviction suit filed in 1987 under various grounds including arrears of rent Under Section 12(3)(a), Under Section
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