PHAGUNMAL LAHIRUMAL Vs. KHAJUMAL KALACHAND
LAWS(GJH)-1973-3-11
HIGH COURT OF GUJARAT
Decided on March 05,1973

PHAGUNMAL LAHIRUMAL Appellant
VERSUS
KHAJUMAL KALACHAND Respondents


Cited Judgements :-

MOHMMED SABIR IBRAHIM BYAVARWALA VS. YUSUFBHAI NOORMOHMMED JODHPURWALA [LAWS(GJH)-2013-9-185] [REFERRED TO]


JUDGEMENT

T.U.MEHTA - (1.)The petitioner of this Revision Application is a tenant against whom a decree for eviction is passed by the court of District Judge Kutch in Regular Civil Appeal No. 19/68 on the ground of non-payment of rent. The trial court which was the court of Civil Judge J.D. at Gandhidham refused to pass the said decree in Civil Suit No.106/67 which was filed by the opponent-landlord to obtain eviction only on the ground of non-payment of rent in arrears. This decision of the trial court was based on its findings that the petitioner-tenant was entitled to deduct the amount of Rs. 40/which he is said to have spent on necessary repairs of the suit premises after giving a notice thereof to the opponent-landlord. This finding of the trial court is reversed by the appellate court with the result that the tender of rent made by the petitioner-tenant on the first day of hearing is found short by Rs. 14/only.
(2.)The petitioner-tenant is occupying the suit promises which bear No. SFX 296 at Gandhidham and resides there. The contractual rent fixed for these premises at the rate of Rs. 14/per month.
(3.)The facts of the case reveal that on 15-4-66 the opponent-landlord addressed a registered notice to the petitioner-tenant demanding the arrears of rent from 1-10-65 to 30-4-66 amounting to Rs. 98.00. The case of the tenant is that before this notice was given he had offered the rent in arrears to the landlord but as the landlord refused to receive the same it was sent by money order. It appears that by this time there was some dispute between the parties as to necessary repairs of the suit premises. This is evident from Ex. 15 which is the reply given by the petitioner - tenant on 30-4-66 to the above - referred notice of the landlord. It is an admitted position that the amount of Rs. 98/which had fallen into arrears from 1-10-65 to 30-4-66 was eventually received by the landlord.
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