RAVJIBHAI GIGABHAI Vs. VIRJIBHAI RAVJIBHAI

JUDGEMENT

(1.) THE petitioner - original defendant - respondent tenant is before this Court by way of present Civil Revision Application being aggrieved by the judgment and decree passed by the learned Joint District Judge, Rajkot in Regular Civil Appeal No. 30 of 1981, whereby the appeal preferred by the respondents herein - original plaintiffs has been allowed by quashing and setting aside the judgment and decree passed by the trial Court. The learned appellate Judge has been pleased to ordered that the petitioner (hereinafter referred to as "the tenant") shall hand over the vacant possession of the premises to the respondents herein - original plaintiffs (hereinafter referred to as "the landlord"). It is also further ordered by the learned appellate Court that the tenant shall also pay the amount of mesne profit at the rate of Rs. 250/- per month.

(2.) PETITIONER is the original defendant - tenant. Respondents herein are the original plaintiffs - landlords. The premises in question was leased to the tenant situated in Rajkot in the area of Bapunagar consisting of a shed and two rooms with an enclosed open space known as "fali" at a monthly rent of Rs. 250/- with liability of paying taxes. As per the rent note, the tenant was required to pay monthly rent of Rs. 250/- and the tenant was also required to pay the municipal taxes separately. The landlord issued the notice dated 21-9-1978 to the tenant demanding arrears of rent and for possession of the suit premises by terminating the tenancy. The said notice was served upon the tenant. The tenant neither replied the notice nor paid the arrears of rent nor filed any application under S.11 (3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Act") for standard rent. The tenant also did not raise any dispute relating to standard rent. The landlord, therefore, filed a Rent Suit No. 701 of 1979 (Old No. 133/79) in the Court of learned Small Causes Court, Rajkot for recovery of possession of the suit premises on three grounds; (i) arrears of rent for more than six months; (ii) damage to the suit premises; (iii) breach of the conditions of tenancy. It was contended on behalf of the landlord that the tenant was irregular in making the payment of rent and cheques given by him were not honoured by the bank. The landlord asked for the relief of possession of the demise premises and also for a decree of Rs. 4,868/- being arrears of rent and also for future mesne profit. The tenant filed written statement at Exh. 14 and raised the dispute with respect to standard rent for the first time in the written statement. It was denied by the tenant that he is in arrears of rent and that he has committed breach of any of the conditions of the lease deed. It was also submitted by the tenant that he has not caused damage to the roof of the suit property or walls of the suit property as alleged. It was submitted that the rent is excessive and unreasonable so its standard rent should be fixed.

(3.) ON the other hand it was the contention on behalf of the landlord that the tenant was required to pay monthly rent at the rate of Rs. 250/-, and that the tenant has not raised any dispute with respect to standard rent in reply to the notice and / or had not submitted an application under S.11(2) of the Act for determination of the standard rent and the dispute with respect to standard rent was raised by the tenant for the first time in the written statement and therefore the case would be governed by S.12(3)(a) of the Act.