HARILAL GORDHANBHAI Vs. RAMNIKLAL D RATNESHWAR

JUDGEMENT

(1.) Should the second application for fixation of standard rent after dismissal of the first application for non-prosecution upon receipt of notice of demand of rent of more than six months, under Sec. 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Rent Act' for short) give protection to the tenant from an ejectment decree, is the theme of the present revision.

(2.) The petitioner is the original defendent-tenant and the respondents are the original plaintiff-landlods in respect of demised premises consisting of one room, Osri and kitchen on the ground floor situated in Vaniawadi Sheri No. 2 at Rajkot. The parties are hereinafter addressed to as the landlords and tenant for the sake of convenience and brevity. The demised premises were let to the tenant at the monthly agreed rent of Rs. 60.00 inclusive of taxes.

(3.) The landlords filed Regular Civil Suit No. 6 of 1980 in the Small Cause Court at Rajkot for possession on the ground of non-payment of rent and also on the ground of nuisance and annoyance. The tenant resisted the suit by filing a written statement. On the basis of the pleadings, issues were settled at Exh. 30. The trial Court on appreciation of the facts and circumstances, decreed the suit for possession only on the ground of non-payment of rent under Sec. 12(3)(b) of the Rent Act. The suit for possession and Civil Misc. Application No. 22 of 1980 which was pending for fixation of standard rent came to be consolidated and decided by the trial Court by a common judgment on 23-2-1981. The unsuccessful tenant carried the matter before the District Court at Rajkot by filing Civil Appeal No. 66 of 1981 and lost in the second inning also as his appeal came to be dismissed on 25-7-1983. The tenant has, therefore, challenged the legality and validity of the eviction decree passed by the Courts below on the ground of non-payment of rent under Sec. 12(3)(b) of the Rent Act by filing this revision under Sec. 29(2) of the Bombay Rent Act.