RASIKLAL J SHUKLA Vs. BHARAT V DAVE

JUDGEMENT

(1.) This is a revision under section 29(2) of the Bombay Rent Act, at the instance of the original tenant (through his heirs), who was sued by the respondent-landlord for a decree of eviction under the provisions of the Bombay Rent Act.

(2.) The landlord sued for a decree of eviction on the ground of nuisance and also on the ground that the tenant was in arrears of rent for more than six months. The trial court, after appreciating the evidence on record, dismissed the suit for eviction on the ground of nuisance. However, the trial court found on the facts of the case that there was a dispute as to standard rent raised within 30 days of the statutory notice, and that therefore the case would fall out of the purview of section 12(3)(a) and would be governed by section 12(3)(b) of the Rent Act. However, the trial court found that the tenant has not complied with the provisions of section 12(3)(b), that he has failed to satisfy the statutory conditions contained therein and has therefore lost the protection of the said provision. The trial court, therefore, passed a decree for eviction under section 12(3)(b) of the said Act. At this stage it must be noted that the dispute as to standard rent was decided by the trial court only as part of its final judgement, whereby the contractual rent at Rs.14.00 per month was fixed as standard rent at the same figure.

(3.) Being aggrieved by the decree of eviction the tenant preferred an appeal before the lower appellate court. The lower appellate court, on a total reappreciation of the evidence on record, confirmed the findings of the trial court, rejected the suit of the landlord on the ground of nuisance, confirmed the decree for eviction on the ground of non-compliance with section 12(3)(b) and confirmed the standard rent at Rs.14.00 per month.