S.H.SHETH - (1.) The plaintiff filed the present suit against the defendant for recovering possession of the suit premises on the ground that the defendant had been in arrears of rent from 1st August 1967 until the date of the suit. The suit was filed in April 1969. The defendant in his turn challenged the validity of the statutory notice served upon him.
(2.) The learned Trial Judge held that the statutory notice was valid and found that the defendant had been in arrears of rent from 1st November 1967 to 20th April 1969. However he held that he was protected by sec. 12(3)(b) of the Bombay Rent Act. In that view of the matter he dismissed the suit.
(3.) The plaintiff appealed against that decree to the District Court. The learned District Judge confirmed the finding recorded by the learned Trial Judge and dismissed the appeal.;