THAKOORANI FOOLKUNVERBA RANJITSINHJI Vs. INDUMATI KANTILAL PARIKH

JUDGEMENT

(1.) The petitioner is the original defendant-tenant and the respondent is the original plaintiff-landlady. In this revision under Sec. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Rent Act' for short), the main question that falls for consideration is, as to whether the tenant is entitled to claim protection of Sec. 12(3)(b) of the Rent Act ? The landlady filed Rent Suit No. 2632 of 1975 in the Small Cause Court at Baroda against the tenant for recovery of possession of the demised premises and for recovery of amount of Rs. 4, 893.00 towards arrears of rent. The landlady is the owner of property known as 'Mohan' bungalow situated at Pratapnagar Road, Baroda and the demised premises are part of the said bunglow situated on the ground floor. The ground floor of the said property was let to the defendant-tenant at the monthly rent of Rs. 140/ - per month plus municial taxes, electric charges etc. The landlady claimed that the tenant was in arrears of rent from 1-7-1972 and she had not paid the rent and was not ready and willing to pay the rent. Therefore, she claimed ejectment on that ground.

(2.) The tenant appeared and resisted the suit inter alia contending that she is not liable for payment of taxes, water charges and electric charges over and above the rent. She denied to be irregular in payment of rent. According to the contention of the tenant, her husband was going to pay rent to the landlady but the rent was not accepted and, therefore, it remained due. She denied to have illegally refused the notice. She also raised a dispute of standard rent.

(3.) On appreciation and analysis of the evidence of the parties, the trial Court reached the conclusion that the landlady is entitled to and the defendant is liable for eviction decree on the ground of non-payment of rent for a period of more than six months. While decreeing the suit for possession, the trial Court held that rent was in arrears from 1-7-1972 and the tenant was not ready and willing to pay the standard rent and permitted increases. The trial Court fixed the standard rent at Rs. 150.00 per month. The impugned judgment and decree of the trial Court in the aforesaid suit was passed on 6-5-1978.