SHANTILAL BHAILAL GANDHI Vs. MAHENDRA NAGINLAL DESAI

JUDGEMENT

(1.) This is a revision petition filed by the petitioner (tenant) against the opponent (landlord) against the order passed by the learned Judge of the Small Causes Court at Ahmedabad in Miscellaneous Application No. 918 of 1964 filed by the petitioner against the opponent for determination of the standard rent in respect of the premises leased to him by the opponent. The learned trial Judge decided the matter on affidavits The impugned order reads: Heard Mr. H. B. Desai and Mrs. J. H. Shah. Read the affidavits. Standard rent is fixed at Rs. 75/per month. Parties to bear their costs.

(2.) It was the petitioners contention that rent agreed between the parties was excessive and it should be fixed at Rs. 35/per month. It was the opponents contention that he had let out the suit premises to one Navinchandra B. Desai on 27th May 1954 at a concessional rate of Rs. 61/per month. When that tenant vacated he let out the suit premises to one Harihar Shukla on a monthly rent of Rs. 75/per month. That tenant did not actually occupy the suit premises. He handed - over possession of the leased premises on 15th July 1959 and it was thereafter that the petitioner had taken on lease that premises.

(3.) Being dissatisfied with the order passed by the trial Court the tenant filed Civil Revision Application No. 53 of 1966 and it was heard by the Appellate Bench of the Court of Small Causes at Ahmedabad and the aforesaid order has been confirmed by it. The petitioner-tenant has therefore preferred the present revision application to this Court.