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1980 Supreme(Bom) 131

R.A.JAHAGIRDAR
Gulabchand Ramchand Jain – Appellant
Versus
Noorbeg Umarbeg Mirza – Respondent


JUDGMENT - R.A. JAHAGIRDAR.:---A two storied house in Amalner Town of Jalgaon District is tenanted by the petitioner in this petition and the respondent is the owner of the said house and, therefore, the landlord of the petitioner. The annual rent of the house, which will hereinafter be referred to as "the suit premises", is Rs. 500. That rent was fixed in the year 1957 when the petitioner took the suit premises on lease from the respondent, both for residence and business. It has been found by the two courts below that though the rent is calculated at Rs. 500 per annum, it is payable by the month at the rate of Rs. 41.65. The suit out of which the present proceedings have arisen its Regular Civil Suit No. 77 of 1971 filed by the respondent in the Court of the Civil Judge, Junior Division at Amalner for possession of the suit premises on the grounds that the petitioner has failed to pay the arrears of rent, which were for a period of more than six months, within one month after the notice under section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act (hereinafter referred to as "the Bombay Rent Act"), was served upon him, that the petitioner had erected permane
























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