MOHMMED SABIR IBRAHIM BYAVARWALA Vs. YUSUFBHAI NOORMOHMMED JODHPURWALA

JUDGEMENT

(1.) The applicant tenant in his reply to suit notice as well as in written statement, raised contention about the standard rent, he paid the amount of rent on the date of filing of written statement then due and thereafter paid the rental amounts periodically. However, on the date of first hearing of the suit, being the date of framing of issue, the amount of rent paid by him fell short by Rs. 270/-.

(2.) Preferred by the aggrieved tenant and filed under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred as the 'the Act' for sake of brevity), this Revision Application is directed against judgment and decree dated 28th January, 2013 passed by learned Appellate Bench of the Small Causes Court, Ahmedabad. The Appellate Bench set aside the judgment and order of the Small Causes Court dismissing the suit, and passed decree for eviction under Section 12(3)(b) of the Act holding that protection was not available.

(3.) Only the relevant facts necessary to address the controversy are set out. The rented premises being property bearing City Survey No.4816-4817, Municipal Census No.3649, 3649/1 paiki situated in the Jamalpur area in the City of Ahmedabad was rented by the respondent-landlord to the applicant-tenant upon rent note dated 06th November, 1985 (Exh.122) at a monthly rent of Rs. 70/- plus the property tax, education cess and other taxes to be paid by the tenant. H.R.P. Suit No.1539 of 1987 was instituted by the plaintiff-landlord before the Small Causes Court No.6, Ahmedabad seeking decree of eviction on the grounds of 13(1)(c), 13(1)(g) and on the ground of arrears of rent, out of which only the last stated ground survived before the lower appellate court.