BALVANTBHAI NARSINHBHAI Vs. KANTUBHAI CHHIBABHAI

JUDGEMENT

(1.) BY way of the present Revision Application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Rent Act" for short), the petitioner ­ original respondent - plaintiff­landlord has challenged the judgment and order dated 18.12.2008 passed by the 6th Additional District & Sessions Judge, Surat, by which Regular Civil Appeal No.59 of 1996, filed by the respondents­original appellants-defendants-tenants is allowed and decree of eviction dated 31.8.1996 passed by the Additional Small Cause Judge, Surat, in Small Suit No. 422 of 1980 has been quashed and set aside.

(2.) BRIEF facts arising from the memo of petition as well as record and proceedings of the suit as well as appeal are as under:

(3.) THE learned Appellate Court came to the conclusion that since the appellants-tenants had paid rent during the hearing of the suit, the case falls under the provisions of Section 12(3)(b) of the Rent Act and, therefore, the decree passed under Section 12 (3)(a) of the Rent Act by the Trial Court is required to be quashed and set aside. Another reason for allowing the appeal is that the suit was filed at the premature stage as the suit was filed within one month from the date of receipt of the notice, which is barred under Section 12(2) of the Rent Act. It was held by the Appellate Court that the statutory notice came to be served upon the tenants on 6.4.1980, while the suit was filed on 3.5.1980 and, therefore, the suit was not maintainable as per the provisions of Section 12(2) of the Rent Act.