TELI NATHU DINA Vs. GULAMALI KAMALBHAI MOMIN
LAWS(GJH)-1979-12-9
HIGH COURT OF GUJARAT
Decided on December 04,1979

TELI NATHU DINA Appellant
VERSUS
GULAMALI KAMALBHAI MOMIN Respondents

JUDGEMENT

N.H.BHATT - (1.) This is a petition by one tenant who was ordered to be evicted by the Small Causes Court Ahmedabad as per its order Annex- ure A confirmed by the Appellate Bench of that court as per its judg- ment Annexure B. Instead of filing the revision application under sec. 29 of the Bombay Rent Act the petitioner chose to file this special civil application which has come up for final hearing before me to-day.
(2.) The eviction was ordered because the petitioners case was held to be falling within the ambit of sec. 12(3) (a) of the Bombay Rent Act. The suit notice was held to be legal and valid.
(3.) Both the courts below concurrently held that the petitioners case squarely fell within the strict ambit of sec. 12 (3) (a) of the Bombay Rent Act. The tenant was in arrears for more than six months there was no dispute about standard rent raised within one month of the service of the statu-tory notice the rent was rightly held to be payable by month and it was also found that the tenant had failed to make the payment within one month of the receipt of the notice of demand.;


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