B. K. MEHTA, J. M. SHETH, J.

( 1 ) THIS appeal arises out of the judgment and decree passed by the learned District Judge Junagadh in Civil Appeal No. 150 of 1964 whereunder he confirmed the judgment and decree passed by the learned First Joint Civil Judge Junior Division Junagadh in Civil Suit No. 32 of 1963. That suit was filed by one Munshi Abdullah Miyan Mahmad Miyan describing himself as the Rent Collector of the house of Datar Estate Committee of Junagadh. The suit was filed for recovery of possession of the leased premises and arrears of rent on the ground that the appellant-tenant was a tenant in arrears. A valid notice to quit was given and the contractual tenancy was determined. A notice contemplated under sec. 12 (2) of the Saurashtra Rent Control Act 1951 (which will be hereinafter referred to as the Act) was given. That notice was not complied with and hence the suit was filed as contemplated under sec. 12 (2) of the Act. That notice was given under the instructions of both the rent controller and the chairman of the Committee.

( 2 ) THE contention raised by the tenant by his written statement Ex. 8 was that a rent collector of the Datar Estate has no right to file a su

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