TULSIDAS NATHUBHAI Vs. CHHABILDAS SHANKERBHAI

JUDGEMENT

(1.) The petitioner who is original plaintiff-landlord has questioned the legality and validity of the judgment and decree recorded in Small Cause Suit No. 1560 of 1975 and confirmed in Regular Civil Appeal No. 333 of 1977 by invoking the aids of Sec. 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act). The parties are hereinafter referred to as the landlord and tenant for the sake of convenience and brevity.

(2.) The landlord instituted the aforesaid suit for eviction on the ground of non-payment of rent against the tenant in respect of the demise premises bearing Nondh No. 1810/A/2/B situated in Ward No. 3 at Surat. The landlord, inter alia, contended that the standard rent of the demise premises had been fixed at Rs. 10.25 ps. per month. The landlord served the tenant with a notice under Sec. 12(2) of the Bombay Rent Act dated 12.2.73 demanding arrears of rent for more than six months and the increase in taxes. Thereafter, the suit was filed for the arrears of rent contending that the tenant was not ready and willing to pay the rent and he was a defaulter.

(3.) The suit was resisted by the tenant, inter alia, raising the dispute of standard rent. It was also contended that he was ready and willing to pay the rent as per the standard rent.