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SANGEETA K. VISHEN
RAMESHCHANDRA MOHANLAL GOSWAMI – Appellant
Versus
GIRDHARLAL HARIRAM JANI – Respondent
JUDGMENT :
SANGEETA K. VISHEN, J.
1. The captioned civil revision application, has been filed praying for quashing and setting aside the judgment and decree dated 16.08.2010 by the learned Additional District Judge and Presiding Officer, Fast Track Court, Dahod in civil appeal no. 34 of 2006. Applicants also pray for quashing and setting aside the judgment and decree dated 29.04.2006 passed by the learned civil Judge, Dahod in Regular Civil Suit no. 124 of 1998 whereby, the suit filed by the respondent-original plaintiff (hereinafter referred to as “the original plaintiff”) came to be allowed and the tenant-Rameshchandra Mohanlal Goswami i.e. husband of the applicant no. 1 and father of the applicant no. 2 (hereinafter referred to as “the tenant”) was directed to hand over the possession of the shop admeasuring 5 x 8, situated on plot no. 33 (hereinafter referred to as “the shop in question”).
2. The facts, culled out from the captioned proceeding, are thus:
The court held that the presence of monthly rent obligations under the Bombay Rent Act justified eviction against tenants failing to pay within specified timelines.
Valid service of notice is crucial for eviction under the Bombay Rent Act, and failure to pay rent after notice justifies eviction.
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 ....
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.
Point of law: When the aid of Revisional Court is invoked on the revisional side, it can interfere within the permissible parameters provided in the statute. It goes without saying that if a revision....
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.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
The court emphasized strict adherence to statutory provisions in eviction cases, particularly regarding rent payment and tenant obligations under the Bombay Rent Act.
The court established that tenancy obligations persist despite a fixed-term lease expiry, emphasizing proper compliance with eviction notices as crucial for tenant protection.
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