JAYANTILAL KALABHAI MEHTA Vs. RATILAL GULABDAS MEHTA

JUDGEMENT

(1.) One interesting question which arises in this revisional application is as regards the liability of the tenant for eviction on account of non-payment of permitted increases as contemplated by secs. 10 10 10 10 10 10 and 10E of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 referred to as the Rent Act) when the rent as per contract has been paid by him and accepted by the landlord without making any increase in the rent. The suit pertains to possession of the residential premises and according to the plaintiff (present petitioner) they were in possession of the tenant (present opponent) at a monthly rent of Rs. 18-91 Ps. It was further the case of the plaintiff that there was increase in the taxes of the suit premises; and the defendanttenant was called upon to pay the same. The plaintiff also claimed an interease on account of providing of amenity of flush latrine as the municipality compelled him to do so. The opponent defendant was in arrears of rent from June 1 1962 It is not in dispute therefore that rent up to 31-5-1962 was paid to the landlord. On June 11 1963 the landlord served a notice to the tenant demanding arrears of rent amounting to Rs. 379 -42 Ps. as due till 31 This amount consisted of the following items:

(2.) The defendant tenant replied to this notice within one month i. e. On June 24 1963 and raised a dispute about standard rent as well as permitted increases. However he tendered an amount of Rs. 272-83 Ps. subject to contentions and disputes about standard rent and permitted increases to the advocate of the plaintiff along with the reply to the notice. The advocate received the copy of the reply but with regard to the amount tendered he endorsed Received the copy of this. I have to receive instructions from my client to receive money from you. So I have not taken any amount from you. On July 2 1963 the same amount was sent by money order by the tenant to the landlord; and that money order was refused. Thereafter the suit was filed on August 3 1963 Before framing of the issues the defendant had deposited Rs. 642.00 in all in the trial Court. The issues were framed on August 10 1964

(3.) Apart from raising the dispute about standard rent and permitted increases in reply to the notice within the prescribed time of one month the defendant tenant raised the same dispute in the written statement in the suit. The trial Court fixed the standard rent at Rs. 21-85 Ps. break of consists as under: