AMRUTLAL J TRIVEDI Vs. SMITABEN B SHETH

JUDGEMENT

(1.) This is landlord's Revision under Section 29(2) of the Bombay Rent Act against non-concurrent Judgment and Decree passed by the lower Appellate Court.

(2.) The facts giving rise to this Revision are briefly as under :

(3.) The defendant No.1 resisted the Suit on the ground that the suit land was originally let out to Surendra Motor who had constructed tin shed resting on four walls and the said Surendra Motor had sold the shed to the defendant No.1 with consent of the plaintiff. The plaintiff, however, let out only open land to the defendant No.1. It is denied that the tenancy was created for carrying on motor repairing work on the tenanted land. Dispute of standard rent was also raised by the defendant No.1, who pleaded that the standard rent should not exceed Rs.45.00 p.m.