9911796707
|
Home
Issues involved: Eviction of tenant based on arrears of rent and unauthorized construction of a permanent structure.
Arrears of Rent Issue: The tenant appealed against eviction based on arrears of rent, claiming non-receipt of the notice demanding payment. The courts found that the notice was correctly addressed to the tenant and received at the premises, supported by legal presumption of proper service. Despite the tenant's denial of receipt, the courts held that the notice was served, and as rent was not paid within the stipulated time, eviction was upheld under the relevant provisions of the Bombay Rent Act. Service of Notice Issue: The judgment discussed the service of notice u/s 106 of the Transfer of Property Act, emphasizing that sending a notice by registered post creates a presumption of service. The tenant's denial of receiving the notice was deemed insufficient to rebut this presumption, especially considering the tenant's inconsistent signatures and previous attempts to introduce fabricated documents. The courts concluded that the tenant's denial lacked credibility, failing to rebut the presumption of service u/s 114 of the Evidence Act. Judgment: The courts upheld the eviction based on arrears of rent, dismissing the tenant's appeal. However, considering the tenant's long-standing business at the premises, a three-year stay on execution of the eviction decree was granted to allow time to find alternative premises. No costs were awarded in this case.
|
