UDAYLAL SUKHLAL JAIN Vs. NAVALSINH GAMBHIRSINH

JUDGEMENT

(1.) This is defendant's Second Appeal.

(2.) The brief facts giving rise to this Appeal are as under : The suit was filed by the plaintiffs-respondents for eviction of the defendantappellant from the disputed accommodation situated in village Limkheda. It was alleged to be in the tenancy of the defendant-appellant on monthly rent of Rs. 50.00. The tenancy was determined by a notice under Sec. 106 of the Transfer of Property Act. The premises was not vacated and arrears of rent amounting to Rs. 325.00 were also not paid, hence the suit was filed. The plaintiff pleaded that the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 is not applicable in village Limkheda. The suit was, therefore, filed under the provision of the Transfer of Property Act under the general law.

(3.) The appellant resisted the suit on the ground that he is protected tenant inasmuch as Bombay Rent Act is applicable to the disputed premises situated in village Limkheda. Validity of notice was challenged. Dispute about the standard rent was also raised.