MALGANBHAI RASULBHAI Vs. PUSHPAVADAN MANILAL DESAI SINCE DECD

JUDGEMENT

(1.) Despite general atmosphere of non violent peaceful co- existence sporadic clashes between the two is the normal feature of the legal relations between landlord and tenant. However the distinguishing feature of this litigation is that the battle is going on since the year 1964 almost incessantly in the fashion of cold-war skirmishes. On account of certain judicial pronouncements made by the Supreme Court when the lethal blow was about to be dealt with by the landlord and the tenants were on the brink of being vanquished the Legislature has stepped in and has amended the provisions of sec. 12(3)(b) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (the Rent Act for short). How far this amendment has disarmed the landlord and whether it is capable of protecting the tenant in proceedings is the question at the centre of controversy between the parties. First the facts of the litigation which has a chequered history.

(2.) The petitioner-landlord purchased the property in question some time in June 1963. The property is situated at Vadodara and the suit premises consist of two rear rooms on the ground Floor first floor and a loft. In the year 1964 the petitioner filed a suit for eviction against all the tenants who were occupying the property on the ground of bona-fide personal requirements. The suits were dismissed by the trial Court. Similarly the appeals filed by the petitioner were also dismissed. Thereafter by way of another round the petitioner issued notice dated 22/11/1968 and called upon the defendants-tenants to pay arrears of rent from 1/06/196 6/11/1968 The petitioner demanded arrears of rent at the rate of Rs. 110.00 per month plus education cess water charges and property tax.

(3.) The defendants-tenants filed Civil Misc. Application No. 706 of 196 8/12/1968 and prayed for fixation of the standard rate of rent. The Court passed order on the same day as follows: