LALJI SAGRAMBHAI Vs. RAJESHKUMAR AMRUTLAL

JUDGEMENT

(1.) THE revisionist herein-original defendant has preferred the present revision application being aggrieved and dissatisfied by the order dated 19.07.2001 passed by the 4th Extra Assistant Judge, Rajkot in Civil Appeal No. 53 of 2000 and 75 of 2000 whereby the order dated 30.06.200 passed by the Small Causes Court, Rajkot in Regular Civil Suit No. 12 of 1993 was confirmed.

(2.) THE case of the revisionist, in brief, leading to the filing of the present application can be set out as under:

(3.) AFTER considering the various documents on record, the facts which emerge from the record are that the original plaintiff-landlord had served a notice on the defendants. The defendants accepted the notice and raised the dispute of standard rent within a month of the issuance of notice. However, the standard rent was not fixed by the court below in view of the absence of the original defendant. The trial court held that as the defendant had already deposited the rent as per the plaintiff's application under section 11(4), the case of the plaintiff fell under section 12(3)(b) and not under section 12(3)(a).