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VAIBHAVI D. NANAVATI
Himmatlal Khemraj Soni – Appellant
Versus
Nandkishor Baburam Tiwari – Respondent
JUDGMENT :
1. The applicants herein are the original defendants of H. R. P. Suit No.549 of 2017 disposed of by the learned Small Causes Court, Ahmedabad by judgment and decree dated 29.11.2022 and the original appellant of the Civil Appeal No.57 of 2022 disposed of by the learned Appellate Bench No.2 of the Small Causes Court at Ahmedabad by judgment and decree dated 30.9.2023.
2. Being aggrieved by the impugned concurrent findings arrived by the competent Court the applicants herein have approached this Court challenging the said judgment and decree under Section 12(3)(a) of the Gujarat Rents, Hotel & Lodging House Rates Control Act, 1947.
3. The present civil revision application is instituted by the applicants herein challenging the legality and validity of the judgment and decree dated 30.9.2023 passed by the learned Appellate Bench, Small Causes Court No.2, Ahmedabad in Civil Appeal No.57 of 2022 confirming the judgment and decree passed in the H. R. P. Suit No.549 of 2017 dated 29.11.2022. The H. R. P. Suit No.549 of 2017 was preferred by the opponent – original plaintiff for the following reliefs :-
“(a) Premises situated on the road in the property k
The main legal point established in the judgment is the application of Sections 12(3)(a) and 13(1)(b) of the Rent Act in a dispute over arrears of rent and unauthorized construction. The court's deci....
The main legal point established in the judgment is the mandatory nature of the provisions of Section 12(3) of the Rent Act, requiring the tenant to deposit the whole rent and comply with the timing ....
The tenant's failure to pay rent and timely file for standard rent fixation leads to eviction under the Bombay Rent Act, despite claims of payment to co-owners.
A tenant in default for over six months without disputing the rent is subject to eviction under Section 12(3)(a) of the Bombay Rent Act.
A valid demand notice under Section 15(2) of the Maharashtra Rent Control Act must specify the amount due and be addressed to the tenant; failure to do so invalidates eviction proceedings.
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