The Bombay High Court upheld an eviction order against the tenants for non-payment of rent. The petitioners/tenants were accused of defaulting on rent payments and subletting the premises. The appellate court, reversing the trial court's decision, decreed eviction based on Section 12(3)(a) of the Bombay Rent Act, 1947. The tenants' arguments about improper notice service and the misapplication of the law were rejected by the court. The court granted the tenants three months to vacate, subject to certain conditions.

1. Background of the Case:

• Plaintiffs, Vilas Eknath Kadam and Satish Eknath Kadam, owned Municipal House No.24, City Survey No.529, in Igatpuri, Nashik.
• The defendants, Gorakh Rambhau Chothve (Defendant No. 1) and Jalinder Rambhau Chothve (Defendant No. 2), were tenants of the suit premises.
• The rent was set at Rs. 15.60 per month, including education cess.

2. Allegations by Plaintiffs:

• The first defendant had not paid rent from January 1, 1983, and had sublet the premises to the second defendant.
• The plaintiffs terminated the tenancy on July 31, 1983, and demanded possession and arrears of rent.

3. Legal Proceedings:

• The plaintiffs filed Regular Civil Suit No. 76 of 1983 for possession and arrears of rent.
• The trial court rejected the plaintiffs' claims, ruling that the demand notice was invalid.
• On appeal, the District Court set aside the trial court’s decision, decreeing the eviction of the defendants and awarding arrears of rent and damages.

4. High Court Decision:

• The High Court examined the provisions of Section 12 of the Bombay Rent Act, 1947.
• The court ruled that the notice served to the tenants, though addressed to a different location, was valid, as the tenants were not residing in the suit premises.
• The defendants had defaulted in rent payments exceeding six months, making them liable for eviction under Section 12(3)(a) of the Bombay Rent Act.
• The court dismissed the petition and upheld the appellate court's eviction decree.

5. Outcome:

• The tenants were given three months to vacate the premises, subject to filing an undertaking with the court within two weeks.

Acts and Sections Discussed:

• Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act):
  • Section 12(3)(a): Pertains to eviction of tenants who are in arrears of rent for six months or more and fail to pay within one month of receiving a demand notice.
• Order 20 Rule 20 of Civil Procedure Code: Addresses the inquiry into mesne profits when determining damages.

Ratio Decidendi:

The ratio of the judgment is that under Section 12(3)(a) of the Bombay Rent Act, tenants who default on rent payments for over six months and fail to respond to a valid notice must be evicted, as no discretion is left to the court once these conditions are met. Despite technical objections regarding the notice, the court found the tenants in default and ordered their eviction.