BABULAL SHAMRAO JOSHI Vs. MANUBHAI C BHATT

JUDGEMENT

(1.) The petitioner has brought under challenge under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, hereinafter referred to as "The Rent Act", the Judgment and Decree passed by the Appellate Bench of the Small Causes Court at Ahmedabad in Appeal No. 142 of 1978 on 12th July, 1981. The Appellate Bench while allowing the Appeal, set aside the Judgment and Decree of learned trial Judge dismissing the suit for possession and fixed the standard' rent of the room in question at Rs. 15/- p.m. and the shed in question at Rs. 8/- p.m. both inclusive of taxes, directing the petitioner-defendant No. 1 tenant to pay Rs. 471.37 ps. by way of arrears of rent and mesne profits and also directing him to pay mesne profits at the rate of Rs. 23/- p.m. from the date of the suit till recovery of possession. The Appellate Bench directed the petitioner to vacate the suit premises and handover peaceful and vacant possession thererof to the plaintiff on or before 28th October, 1981.

(2.) The facts have been made complex by the manner in which the suit came to be filed. Two different tenancies for two premises have been clubbed in one suit by the plaintiff. The facts of the plaintiff's case and the petitioner's defence may therefore be briefly stated : The petitioner is the original defendant and the respondents are respectively the original plaintiff' and defendant No. 2. Both the respondents having died during the pendency of this Revision Application their heirs have been brought on record. The deceased respondents were managing the suit premises as trustees of Shri Kamnath Mahadev Public Trust. Out of the said two trustees plaintiff Shri Manubhai Chhotalal Bhatt filed H.R.P. Suit No. 3602 of 1973 for recovery of arrears of rent, mesne profits and possession of the suit premises being one room and one shed. The premises in the form of one room bearing Municipal Census No. 86 was let out to the petitioner-tenant for the rent of Rs. 15 / - p.m. and the shed in front thereof bearing Municipal Census No. 80/1 was let out to the petitioner for the rent of Rs. 8/- p.m. In all the petitioner was required to pay Rs. 23 / - p.m. by way of rent per month. It was alleged that the liability to pay municipal tax and education cess was on the petitioner-tenant. It was the case of the plaintiff that shed was first let out and the room was thereafter let out. The plaintiff gave notice dated 26-3-1965 to which the petitioner gave reply dated 17-4-l965 admitting that the rent was; to be paid to the said two trustees in alternate years. The rent fell due from 2-11-1964 and it amounted to Rs. 1229.48 ps. or for the period from 2-11-1964 to 30-4-1973. The plaintiff being one of the trustees terminated the tenancy under the Suit Notice dated 30-4-1973 and since the petitioner did not accept the said notice the plaintiff had to file suit joining the petitioner-defendant No. 1 trustees and other trustee as defendant No. 2 in the suit.

(3.) The petitioner's stand was that other trustee -- defendant No. 2 had let out the room and the shed to him in the year 1964, but after keeping the shed for about 8 months it was removed and hence the trustees had no right to recover any rent for the same. He raised the dispute of standard rent alleging that the standard rent of the premises in the form of the room should be Rs. 10/- p.m. He denied his liability to pay municipal tax and education cess in respect of the suit premises. He denied having received the Suit Notice.