R N SUTHAR Vs. C D PATEL

JUDGEMENT

(1.) This is landlord's revision u/s.29(2) of the Bombay Rent Act.

(2.) Brief facts giving rise to this revision are as follows : The Suit premises was let out by the lanlord Revisionist to the tenant - respondent on monthly rent of Rs.200.00 besides taxes. The rent upto 31.12.1977 was paid, but the rent from 1.1.1978 to 30.11.1978 amounting to Rs.2200.00 and Rs.69.00 towards taxes fell due from the respondent. Notice of demand was served on 21.11.1978 which was served, but arrears of rent were not cleared within a month of service of notice of demand hence Suit for eviction was filed.

(3.) The Suit was resisted on the ground that the disputed premises was let out initially at Rs.170.00 p.m. and the rent was enhanced thereafter to Rs.180.00 and then to Rs.200.00 p.m. He raised dispute of standard rent and pleaded that he has paid all the arrears of rent hence Suit was liable to be dismissed. He also filed Civil Misc. Application No.27 of 1978 earlier for fixation of standard rent of the Suit premises.