LABHABHAI VITHALDAS Vs. LAXMIDAS VITHALDAS

JUDGEMENT

(1.) The first point urged in this revision application is that when a notice under sec. 12(2) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 which will hereinafter be referred to as the Act is given for the payment of arrears of rent not at the rate of contractual rent but at a rate higher than standard rent the notice itself becomes invalid and in such a case no suit can be filed as provided in sec. 12(2) of the Act. In order to decide this question it is necessary to refer to the relevant provisions of the Act Sec. 7 of the Act reads as follows:-

(2.) Section 5(10) of the Act defines standard rent as follows:-

(3.) Sub-sections (1) and (2) of sec 12 of the Act read as follows:-