JAYANTILAL CHUNILAL PANCHOLI Vs. BAI JASHODA

JUDGEMENT

(1.) The tenant who is the petitioner before me filed in the Civil Court at Surat Rent Application No. 1186 of 1969 against his landlord for fixation of standard rent of the premises let out to him. The premises are situate in the city of Surat. The contractual rent of the premises was Rs. 65.00 The premises consist of one room admeasuring 12 X 15. It appears that there were at an earlier stage proceedings between the tenant and the landlord for fixation of standard rent of these very premises. Those proceedings had led to the consent order by which Rs. 65.00 per month which was the contractual rent was fixed as standard rent by the Court. The landlord therefore resisted the present application on the ground that it was barred by res judicata. The earlier application for fixation of the standard rent of the premises was Rent Application No. 487 of 1968 which was decided on 29tb July 1968. The compromise entered into between the parties in that Rent Application is at Ex. 22/1.

(2.) The Trial Court negatived the contention of the landlord that the present application was barred by res judicata and fixed the standard rent of the premises at Rs. 40.00per month. This order made by the Trial Court was challenged by the landlord in Revision Application No. 14 of 1971 which he filed In the Court of the District Judge at Surat. The learned District Judge upheld the landlord contention that the present application was barred by res judicata. He therefore allowed the Revision Application and dismissed the present Standard Rent Application filed by the tenant.

(3.) It is that order made by the District Court at Surat in the Revision Application which is challenged before me in the present Revision Application.