CHIMANLAL BHAGWANDAS PANCHAL Vs. BAI DHALI RAGHAVJI PARMAR

JUDGEMENT

(1.) These two Revision Applications arise out of common judgment and order recorded by the Appellate Bench of the Small Causes Court, Ahmedabad, in Civil Appeal No. 25 of 1991 and Civil Appeal No. 36 of 1991 whereby the Appellate Bench allowed Civil Appeal No. 25 of 1991 wherein the judgment and decree recorded by the trial Court in H.R.P. Suit No. 1148 of 1982 was set aside and dismissed Civil Appeal No. 36 of 1991 filed by the present petitioner by invoking the provisions of S.29 sub-S.(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("Rent Act"). Since both these Revision Petitions arise out of one common order and raise identical questions between the same parties, they are being disposed of by this common judgment.

(2.) Respondents are the original plaintiffs-landlords who instituted H.R.P. Suit No. 1148 of 1982 for possession on the ground of non-payment of rent against the petitioner original defendant-tenant in respect of the demised premises bearing M.C. Nos. 499/13/1 and 499/14 situated in Amraiwadi, Ahmedabad. The premises were let to the petitioner at a monthly rent of Rs. 170.00 inclusive of taxes for the purpose of business. The respondents inter alia contended that the petitioner was in arrears of rent for more than six months at the time of service of notice and he was liable to be evicted on the ground of non-payment of rent. Therefore, the aforesaid suit was filed.

(3.) The petitioner inter alia contended in his written statement Exh. 10 that the agreed rent of Rs. 170.00 per month was excessive. Therefore, request for fixation of standard rent was made. According to the case of the petitioner, the brother of the original plaintiff No. 2 was paid the rent after the service of notice. Thus, it was contended by the petitioner that he was not in arrears of rent. In view of the facts and circumstances and the pleadings of the parties, the issues came to be settled at Exh. 38. The trial Court on appreciation of the facts and circumstances reached to the conclusion that there was no case for eviction as tenant was not in arrears of rent. Therefore, suit came to be dismissed for possession. Trial Court fixed the standard rent at the rate of Rs. 125.00 per month against the agreed rent of Rs. 170/ per month in respect of the demised premises.