RAMESHCHANDRA P PANCHAL Vs. VITHALBHAI P PATEL

JUDGEMENT

(1.) Should the interim rent as directed by the Court, or the final order of standard rent, govern the case, to claim statutory umbrella, of Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, is the main theme and the heart of this revision, under Section 29(2) of the Bombay Rent Act.

(2.) In this revision, at the instance of an unsuccessful tenant, the sole and short, but substantial and significant question which has arisen for judicial scruity and adjudication, is "whether the petitioner- tenant facing an ejectment decree on the ground of non-payment of rent is eligible to claim the benefit of protection of Section 12(3)(b) of the Bombay Rent Act, even if he does not pay the arrears of rent then due, on the first day of hearing of the suit and thereafter regularly in the suit, though interim rent is fixed contending that the final order of standard rent was not passed?"

(3.) In order to examine and appreciate the aforesaid issue before this Court, the factual matrix leading to the rise of this revision, may be enumerated, at the outset. The petitioner is the original defendant-tenant in respect of the Bungalow No. 22, situated in Ajanta Co-operative Housing Society, behind S. T. Welfere Centre, Race Course Road, Baroda (demised premises) and the opponent is the original plaintiff, owner of the demised premises. They are hereinafter, addressed to, as the landlord and tenant for the sake of convenience. The tenant was let, the demised premises, at a monthly rent of Rs. 250/- from 5-6-1972, exclusive of municipal taxes, common charges of the society, at the rate of Rs. 10/- per month. Legal battle was initiated by the landlord filing a rent Suit No. 293/76, in the Small Causes Court, at Baroda, inter alia, contending that the tenant is a defaulter and is irregular in payment of rent.