D.C.SRIVASTAVA - (1.) This is landlord's revision under Sec. 29(2) of the Bombay Rent Act.
(2.) Brief facts giving rise to this revision are that the plaintiff is registered trust having managing trustees. One Shivben was the owner of the suit premises. She executed registered Gift Deed on 11-8-1972 creating a trust in favour of the plaintiff. The gift was accepted. Deceased Fakirmohmed was the tenant in the disputed premises on a monthly rent of Rs. 8/-. Rent was paid till 4-4- 1973 to the previous owner. Since 5-4-1973 the rent was not paid to the plaintiff in spite of repeated demand. Consequently, notice dated 18-3-1977 demanding rent amounting to Rs. 376/- was served and tenancy was determined. More than six months the rent remained due which was not paid after service of notice of demand nor any reply was given. Accordingly, the suit for eviction was filed and for arrears of rent and mesne profit.
(3.) The suit was resisted on the ground that there was no privity of contract between the plaintiff trust and the defendant and the plaintiff was not landlord of the defendant. Validity of Gift Deed was also challenged. It was also pleaded that the rent was paid to the previous owner and after her death to his heirs and no rent is due from him. It was also pleaded that Rs. 3000/- were given to the previous owner which was agreed to be adjusted towards rent. Notice was also said to be illegal.;