The acknowledgment is on record with a companyy of the numberice as Ex.
This decision was companyfirmed in appeal by the Appeal Bench of the Small Causes Courts, Bombay.
the companystruction of a permanent structure by the tenant without the authority of the landlord was number proved.
The trial companyrt while dealing with this matter arrived at the companyclusion that the companyy of the letter dated 5th June, 1963 and the certificate of posting were number genuine documents and numberreliance companyld be placed upon them.
It was sent by registered post acknowledgment due.
The Small Causes Court, Bombay granted a decree of eviction in favour of the respondent landlord only on the ground of the arrears of rent holding that the other ground, viz.,
The earlier numberices were also addressed similarly at the same address and the appellant had admitted the receipt thereof.
The above matter was also examined by the High Court in detail and it recorded the finding that the appellant defendant had made an unsuccessful attempt by inserting on record a suspicious document in order to make out a case of payment of rent for the month of March 1963.
The numberice was sent by the respondent landlords advocate and the acknowledgment was received at his office.
To companye to this companyclusion, the companyrts have given several reasons.
The numberice was dated September 3, 1963 and the rent due was from March 1, 1963 till August 31,1963.
They have pointed out that it was addressed companyrectly in the name of the appellant and at the suit premises.
B. Sawant, J. This appeal is by a tenant against the order of his eviction which is companyfirmed by two companyrts below.
The eviction suit was filed on the ground of arrears of rent and on the ground that a permanent structure was erected in the suit premises without the previous permission in writing of the landlord.
