D.C.SRIVASTAVA
Marwadi Bhawarlal Modilal – Appellant
Versus
Jiviben Wd/o Lallubhai R. Shah – Respondent
( 1 ) THIS is tenants revision under Sec. 29 (2) of the Bombay Rent Act, 1947 (for short "the Act" ).
( 2 ) BRIEF facts are that the disputed accommodation was let out to the defendant revisionist on monthly rent of Rs. 38/- Rent fell due from him with effect from 1. 6. 1978 to 30. 6. 1979. Demands were made by the plaintiff, but the arrears were not paid by the defendant revisionist. Consequently composite notice of demand and ejectment was issued on 31. 7. 1979 which was served on the revisionist. He did not comply with the direction given in the notice nor paid arrears or rent. Consequently suit for eviction was filed on the ground of arrears of rent. During the pendency of the suit the plaint was amended and two more grounds were added. It was alleged that the revisionist was keeping two buffaloes in the premises due to which the premises became dirty and it causes nuisance to other tenants. Another ground was that the defendant is also collecting and keeping grass in the Suit-premises which amounts to change of user of the Suit property.
( 3 ) THE case has a checquered history. The defendant was served with notice, but he did not appear initially. Hence ex
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.