BHAIYA PUNJALAL BHAGWANDDIN Vs. DAVE BHAGWATPRASAD PRABHUPRA SAD

JUDGEMENT

(1.) This appeal, by special leave is against the judgment and decree of the High Court of Gujarat.

(2.) The appellant was a tenant of certain residential premises situate at Anand, and belonging to the respondents-landlords. Under a contract between the parties, he held them at Rs. 75 per mensem according to Indian Calendar. In 1951 the appellant applied for fixation of standard rent. On March 31, 1954, the standard rent was fixed at Rs 25 per mensem. The appellant did not pay the arrears of rent from Ju1y 27, 1949 to July 5, 1954. On October 16, 1954, the landlords gave him notice to quit the premises stating therein that rent for over six months was in arrears and that he was to quit on the last day of the month of tenancy which was Kartak Vad 30 of Samvat Year 2011. The appellant neither paid the arrears of rent nor vacated the premises. On December 16, 1954, the respondents filed the suit for ejectment basing their claim for ejectment on the provisions of S. 12 (3) (a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom Act LVII of 1947), hereinafter called the Act.

(3.) Within two months of the institution 'of the suit' the appellant deposited an amount of Rs. 1,075 in Court towards arrears of rent and, with the permission of the Court, the respondents withdrew a sum of Rs. 900 which was the amount due for arrears up to that time. The Trial Court decreed the suit for ejectment together with arrears of rent for three years and costs. An appeal against the decree for ejectment was dismissed by the appellate court. The revision to the High Court was also unsuccessful, and it is against the order in revision that this appeal has been preferred.