ORDER :

P.B. Majmudar, J.

1. This Revision Application has been filed by the original defendant against whom the respondent-landlord had filed the Regular Civil Suit No. 23 of 1977 in the Court of the learned Civil Judge (JD), Balasinor.

2. The facts leading to the present litigation are as under :

That the respondent herein is the owner of the suit premises situated in Balasinor town. The suit premises were let out to the defendant for storing tobacco at an yearly rent of Rs. 425/-. However, the rent was required to be paid every month. According to the plaintiff the defendant had failed to pay the rent after 31.1.1975 and, therefore, a notice of demand was served on the defendant on 11.9.1975 yet the rent was not paid. Thereafter the defendant had sent the arrears of rent of Rs. 247.90 on 3.10.1975. However, according to the plaintiff, on the date of filing of the suit, he was in arrears of rent from 1.9.1974 and according to the plaintiff, the defendant had not paid the taxes. According to the plaintiff, the defendant is not using the suit premises for the purpose for which it was let and that he had made permanent construction without the consent of the plaintiff and that he has co