NARANBHAI NATHABHAI KOLI Vs. MODHIA PANALAL MAGANLAL

JUDGEMENT

(1.) This is a revision application under sec. 29 (2) of the Bombay Rent Act filed by the original defendant-tenant of the Regular Civil Suit No. 104 of 1976 decided in his favour by the learned Civil Judge (Junior Division) Dohad whose judgment had come to be set at naught by the learned Joint District Judge of Panchmahals at Godhra in the landlords appeal No. 12 of 1979 in the District Court there. Being aggrieved by the said order of eviction the tenant has filed the present revision application.

(2.) A few facts which are held as established and which could not be controverted deserve to be specifically noted in serial order.

(3.) In the light of the above facts the question that has been raised by Mr. Amin for the tenant is required to be considered and decided. Mr. Amin contention is that the learned appellate Judge has grossly erred in holding that the tenant had not deposited all due rent by the time the issues had come to be framed and therefore the first requirement of sec. 12 (3) (b) was not complied with. Mr. Amin contention in this connection was that the tenant was not in a position to know on the day the issues were framed and thereafter as to how much amount and at what rate he should deposit because the Court was seized with the question of the standard rent. Had the Court fixed the standard rent by that stage the liability of the tenant to deposit all arrears of rent by the day the issues came to be framed would have arisen.