SHIVLAL MAFATAL Vs. MAFATLAL AMBARAM

JUDGEMENT

(1.) This is a revision petition filed by the original plaintiffs against the opponent- defendant (tenant) under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (which will be hereinafter referred to as "the Act:), against the judgment and decree passed by the appellate Bench of the Small Causes Court, Ahmedabad, in Civil Appeal No.132 of 1964, dismissing that appeal with costs and confirming the judgment and decree passed by the learned trial judge of the Small Causes Court, Ahmedabad, in Civil Suit No.1728 of 1957.

(2.) Both the courts below have refused to pass a decree for eviction on the ground that the opponent-tenant having raised a dispute regarding the standard rent within one month, from the date of the receipt of the notice, Ex.41 given by the landlords for determining the tenancy and calling upon him to pay the arrears of rent, for a period over six months. According to the two Courts below, there having been raised such a dispute regarding the standard rent with in a month from the date of the receipt of such notice given under Section 12(2) of the Act, Section 12(3)(a) of the Act would not have any application. The tenant had paid all the arrears due on the date of filing of the written statement, dated 9-8-1957 with Pursis, Ex.12.

(3.) The landlords (petitioners) being dissatisfied with the judgment and decree passed by the two Courts below, have preferred the present revision petition to this court.