( 1 ) THE petitioner-landlady, instituted Civil Suit No. 242 of 1983 in the Court of Addl. Judge, Small Causes Court, at Rajkot against the respondent-tenant to recover possession of suit premises being one room, one kitchen, Osri and store room situated in the building known as "ambika Bhuvan" at Junction Plot, street No. 6 at Rajkot. Monthly rent of suit premises was stated to be Rs. 250/ - p. m. and it was alleged that the respondent-tenant was in arrears of rent and was also liable to pay house tax, education cess, sanitation charges, electricity charges, etc. , It was alleged that the defendant-tenant was in arrears of rent amounting to rs. 2,590/- and therefore, rent was demanded by notice, dated July 8, 1983 while the defendant failed to pay up arrears and therefore, he was liable to be evicted being a tenant who has neglected to make payment of arrears of rent despite service of notice. Second ground on which eviction was sought was to the effect that the tenant has shifted from Rajkot to Jamnagar along with his family since last more than 12 months and that he was not using the suit premises continuously over a period of more than 6 months from the date of su