MRUDALSINGH MURUBHA Vs. ISHWARLAL LAXMIDAS KHAKHAR

JUDGEMENT

(1.) This Revision Application preferred under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act') arises from the judgment and order dated 30th September, 1983 passed by the learned Joint District Judge, Rajkot in Civil Appeal No.401/1980. The petitioner before this Court is the respondent - defendant.

(2.) The petitioner (hereinafter referred to as 'the defendant') is the tenant of the suit premises comprising of a room in a building 'Ramnath Krupa' situated at Laxminagar, Rajkot, of which the respondent (hereinafter referred to as 'the plaintiff') is the owner. The suit premises was given to the defendant on monthly rent of Rs.43=00 (Rs.34=00 + Rs.9=00 taxes). The defendant was in arrears of rent since 2 2/01/1977. The plaintiff gave notice of demand (Ex.29) of arrears of rent as envisaged under sub section (2) of Section 12 of the Rent Act on 6/01/1979. The plaintiff also terminated the tenancy of the defendant. The said notice was not responded to by the defendant. The plaintiff, therefore, filed Rent Suit No.735/1979 (old no.293/1979) in the Court of Small Causes, Rajkot. The plaintiff prayed, inter alia, for a decree for possession of the suit premises and for a sum of Rs.1,090=0 being the amount of arrears of rent.

(3.) The suit was contested by the defendant by filing written statement (Ex.16). Under the said written statement the defendant also questioned the rent charged from him and raised dispute as regards the standard rent. Pending the trial the plaintiff made application (Ex.10) under Section 11(4) of the Rent Act for recovery of the amount of arrears of rent and for mesne profits at the rate of Rs.43=00 per month. The said application was partially allowed i.e. on 4/07/1982, the learned trial Judge directed the defendant to pay interim standard rent at the rate of Rs.30=00 per month.