JUDGMENT - A.P. SHAH, J.:-A room bearing No. 2 in Chawl No. 2 situated at Jawahar Nagar, Khar (East) Bombay, is tenanted by the respondent in this petition and the petitioner is the owner of the said room and therefore, landlord of the respondent. The monthly rent of the said room, which will hereinafter be referred to suit premises, is Rs. 13.50 ps. It was the case of the petitioner that the respondent was in arrears of rent from April 1967. A composite notice terminating the tenancy of the respondent as well as calling upon him to pay arrears of rent due from him was sent on 22nd March 1968. However, the respondent did not pay the arrears and hence became a defaulter within the meaning of section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act (hereinafter referred to as "Rent Act"). The other two grounds urged against the respondent were that he had changed the user of the premises from residential to business and secondly, it was alleged that he had carried out unauthorised constructions and caused damage to the suit premises.

2. The respondent in his defence filed on 13th February 1969 challenged the notice terminating his tenancy as it was invalid. He a

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