Case Note & Summary
The case involves a revision application under Section 29(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 (Rent Act) filed by the original plaintiffs (landlords) against the judgment and decree dated 29.04.2006 passed by the learned Additional District Judge, Amreli in Regular Civil Appeal No.5 of 2005. The appellate court had reversed the trial court's decree dated 30.10.2004 in Regular Civil Suit No.31 of 1998, which had ordered the defendant-tenant to vacate the suit premises and pay arrears of rent of Rs.8,400/- plus notice charges of Rs.250/-, totaling Rs.8,650/-, along with mesne profits at Rs.200/- per month. The landlords filed the suit for eviction on the ground that the tenant had not paid rent for more than 12 months, making him a defaulter under Section 12(3)(a) of the Rent Act. The trial court decreed the suit, but the appellate court reversed it, holding that the tenant had deposited rent in court and was not a defaulter. The High Court, in revision, examined the legality and propriety of the appellate judgment. The court noted that the tenant had not paid rent regularly and had only deposited amounts after the suit was filed. The High Court held that the appellate court had erred in reversing the trial court's decree, as the tenant's conduct showed willful default. The court restored the trial court's decree of eviction and directed the tenant to hand over vacant possession within three months, while also confirming the order for payment of arrears and mesne profits. The revision was allowed, and the civil applications were disposed of.
Headnote
A) Rent Control - Eviction for Arrears of Rent - Section 12(3)(a) of Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 - Landlord filed suit for eviction on ground of arrears of rent - Tenant failed to pay rent for more than 12 months - Trial Court decreed eviction but Appellate Court reversed - High Court in revision held that Appellate Court erred in reversing the decree as tenant had not paid rent regularly - Held that the tenant's conduct of not paying rent for a long period justified eviction (Paras 1-13).
Issue of Consideration
Whether the lower appellate court was justified in reversing the trial court's decree of eviction and ordering the tenant to vacate the suit premises for non-payment of rent under Section 12(3)(a) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
The High Court allowed the revision application, set aside the appellate judgment, and restored the trial court's decree of eviction. The tenant was ordered to hand over vacant possession within three months and pay arrears of Rs.8,650/- and mesne profits at Rs.200/- per month.
Law Points
- Section 12(3)(a) of the Gujarat Rents
- Hotel and Lodging House Rates Control Act
- 1947
- arrears of rent
- eviction decree
- mesne profits
- revision under Section 29(2) of the Rent Act
