MOHANLAL SITARAM LADDA Vs. SMT. RAMABAI AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the order passed by the appellate Court under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The appellate Court has dismissed the revision application filed by the petitioner under Sec. 29(3) of the Bombay Rent Act by its order and judgment dated 5th Feb., 1979. The petitioner, who is original tenant has approached this Court invoking the jurisdiction of this Court under Art. 227 of the Constitution of India challenging the said order passed by the appellate Court.

(2.) Briefly stated the facts of this case are as follows : The petitioner is the original tenant of an open land bearing C.T.S. No. 298-A. The petitioner was paying Rs. 232.54 as rent to the landlords the respondents herein. The petitioner claims to be the assignee of one Karode, who executed a registered lease-deed in favour of the respondents on 6th June, 1947 wherein the open land in the above survey number ad measuring 17343 sq. feet was leased to said Karode for a period of 51 years for Rs. 3,599.00 per annum. Respondents had filed suit against said Karode being Suit No. 51 of 1956 in which the standard rent of the said premises was fixed at Rs. 299.94. No purpose of the lease was specified in the deed executed between the respondents and said Karode had intended to build a theatre on the said land. The petitioner further states that the lease rights or Karode were acquired by the Bank and the petitioner herein purchased the said rights from the Bank and thus he became the purchaser and tenant of the land in question. He stated that the rent paid by him was Rs. 229.94 till the Pune Municipal Corporation acquired 3403 sq. ft. from the said land and thereafter the respondents reduced the rent to Rs. 232.54.

(3.) It appears that on 20th April, 1970 the respondents served a notice asking the petitioner to hand over vacant and peaceful possession of the suit premises as the petitioner was in arrears of rent from 1st Oct., 1969 to 31st March, 1970 making the total arrears of Rs. 2,092.86. The petitioner states that as demand of rent was excessive in view of the acquisition of the land by the Municipal Corporation, he made an application being Misc. Application No. 404 of 1970 in the Small Causes Court at Pune under Sec. 11 of the Bombay Rent Act, for fixation of standard rent of the premises.