LAWS(GJH)-1997-3-22

KHUSHALDAS JETHABHAI Vs. NANABHAI NATHUBHAI

Decided On March 21, 1997
KHUSHALDAS JETHABHAI Appellant
V/S
NANABHAI NATHUBHAI Respondents

JUDGEMENT

(1.) The respondents are the legal heirs and representatives of the original plaintiffs-landlords and the petitioners are the original defendants-tenants. They are hereinafter referred to as the landlords and tenants for the sake of convenience and brevity.

(2.) The tenants have questioned the legality and validity of the judgment and decree recorded in Regular Civil Appeal No. 40 of 1978. The original plaintiffs are the owners of property bearing Nondh No. 1272 of Ward No. 3 in the city of Surat; that the said property consists of 5 sheds and out of the said 5 sheds, 4 sheds were given on lease to the defendants-tenants. Earlier the landlords had filed Regular Civil Suit No. 1038 of 1965 against the tenants wherein the standard rent of the demise premises came to be fixed at Rs. 125.00 per month.

(3.) The tenants were in arrears of rent from 1-2-1970. Therefore, notice was served on the tenants demanding arrears of rent of more than six months. Notice was not complied with. Therefore, the landlords filed Regular Civil Suit No. 1199 of 1970 in the Court of Civil Judge (S.D.), Surat which was transferred to Small Causes Court on its establishment at Surat and the regular Civil Suit on transfer to Small Causes Court was renumbered as Small Cause Suit No. 2568 of 1975. The tenants appeared and resisted the suit by filing written statement, inter alia, contending that standard rent should be fixed afresh in view of the reduction in the facilities. It was not disputed that earlier standard rent was fixed at Rs. 125/- per month. But the tenants contended that in view of the damage to the demise premises and the reduction in the facilities, there was a fit case for refixation of the standard rent. It was also contended that there was no case for eviction on the ground of non-payment of rent.