BABUBHAI KALAJI Vs. LILACHAND KALIDAS

JUDGEMENT

(1.) A short but interesting question, which has come up for consideration and adjudication in this revision under Sec. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("Bombay Rent Act"), is whether the petitioner-tenant is liable for eviction on the ground of arrears of rent under Sec. 12(3)(b) or not. The respondent herein is the original plaintiff-landlord and the petitioner is the original defendant-tenant against whom eviction suit, being H.R.P. No. 231 of 1970, came to be filed in the Court of the Small Causes, Ahmedabad, on mainly following three grounds :- (1) For reasonable and bona fide requirement of the demised shop under Sec. 13(1)(g); (2) For illegal transfer and sub-letting under Sec. 13(1)(e); and (3) For arrears of rent of two months under Sec. 12(3)(b). The parties are hereinafter referred to as "landlord" and "tenant" for the sake of convenience and brevity.

(2.) Respondent is a tenant of the demised premises which consists of a shop situated in Umianagar Co-operative Housing Society, at Asarwa Ward. It was let to tenant for the purpose of shop and the rent was initially fixed at Rs. 75.00 per month exclusive of taxes and electrical charges. The said premises are hereinafter referred to as "demised shop".

(3.) The tenant appeared and resisted the suit by filing written statement, Ex. 10, and raised also even the dispute of contractual rent. According to the case of the tenant, agreed rent was Rs. 45.00 per month and not Rs. 75.00. He also denied the liability for payment of taxes. He had, therefore, prayed for fixation of standard rent. He also raised the specific contention that the plaintiff-landlord had taken an amount of Rs. 2,000.00 by way of deposit in relation to the demised shop. Other grounds were denied, to which we are not concerned in this revision as this revision is confined only to the issue of non-payment of rent. Incidentally, it may be mentioned that the trial Court dismissed the suit holding that the landlord is not entitled to possession on any one of the three grounds, i.e., the grounds raised in the suit by the landlord came to be decided against the landlord. However, the standard rent came to be fixed at Rs. 51.00 as per the compromise in the Standard Rent Application No. 3415 of 1969.