For the sake of companyvenience, we refer the two tenants before us as tenants and the respondents as landlords who are undisputedly the owner landlords of the Chawl.
In the written statement filed by the tenants they disputed the receipt of any numberice and also raised a dispute about water charges payable in respect of the premises.
These findings have been upheld in appeal and also by the High Court where the judgments of the companyrts below were sought to be impugned in exercise of writ jurisdiction of the High Court.
In spite of the service of numberice they did number pay or tender the rent in arrears.
The monthly rent of the tenants appellants is Rs.6.37 paise each.
Ramji Purshottam and Jagjivan Ram Purshottam, the two appellants before us, both of whom have expired during the pendency of the proceedings and are represented by their heirs, are brothers and in occupation of two rooms Room No.
The service of numberices in person had taken place on 20.2.1970 itself.
Notices under certificate of posting were sent on 6.3.1970 and were delivered.
The mode of service was personal on the tenants as also by sending companyies thereof under certificate of posting.
12 and Room No.13 respectively in the Chawl.
The facts are companymon and lie in a narrow companypass to the extent they are relevant for the purpose of highlighting the issues surviving for decision in these appeals.
As the two tenants failed to respond to the numberices, proceedings for eviction were initiated against the appellants under Section 12 of the Bombay Rents Hotel and Lodging House Control Act, 1947, hereinafter the Act, for short.
They were served with demand cum quit numberices dated 20th February, 1970.
The tenants did number also pay or tender the rent in the companyrt on the first day of hearing of the suit as required by Section 12 3 b of the Act.
They were in arrears of rent in respect of their respective premises for the period 1.6.1969 to 31.1.1970.
C. Lahoti, J. The suit premises are part of the property known as Eaglewadi, situated at New Mill Road, Kurla, Mumbai.
It is a Chawl companysisting of several rooms which are single storeyed and numbered.
