JETHANAND DULHAMUMAL LALVANI Vs. PRATAPRAY PARSHOTTAM PROPRIETOR OF PARSHOTAM HEMCHAND BHAVNAGAR

JUDGEMENT

(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 for a period of 36 months commencing from Kartik Sud 1 of S. Y. 2023 to Asho Vad 30 of S. Y. 2025. The suit premises are a shop situate at Bhavnagar. It was let out under rent note Ex. 46 at a monthly rent of Rs. 24.00. The plaintiff purchased the suit premises on September 9 1966 The plaintiff tried to serve upon the defendant statutory notice dated September 3 1969 but it was returned to the plaintiff with endorsement refused made by the postal authorities. The plaintiff filed the present suit on October 28 1969.

(2.) The defendant filed his written statement in which he raised plea as to the standard rent and challenged the validity of the service of notice. The learned trial Judge fixed the contractual rent as standard rent and held that service of notice upon the defendant was valid. He however found that the defendant had been in arrears of rent for a period of 36 months and was not ready and willing to pay them. He therefore passed in favour of the plaintiff decree for possession on the ground of arrears of rent.

(3.) The defendant appealed against that decree to the District Court. The learned District Judge allowed the appeal set aside the decree passed by the learned trial Judge and dismissed the suit.