GAZNAFARALI FATEALI HAKIM Vs. RATILAL MAGANLAL PANCHAL

JUDGEMENT

(1.) This is plaintiff's revision under S.29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Act') against the judgment and decree dated 29-1-1982 whereby the Third Extra Assistant Judge, Baroda, dismissed the appeal against the judgment and decree dated 31-7-1980 passed by the Judge, Small Causes Court, Baroda, dismissing the plaintiff's suit so far as it relates to recovery of possession.

(2.) The necessary facts are that on 2-7-1977 the plaintiff-landlord filed a Regular Civil Suit No. 338 of 1977 in the Small Causes Court at Baroda against the tenant for possession of the demised premises on the ground of default in payment of rent at the rate of Rs. 14.00 per month plus 0.50 ps., for meter charges for the period 1-7-1975 to 31-3-1977 amounting to Rs. 294.00 as rent plus Rs. 10.50 ps., as meter charges, in all totalling to Rs. 304.50 ps. The plaintiff also claimed Rs. 29.00 as mesne profit for the period 1-4-1977 to 31-5-1977. The standard rent of the premises was fixed at Rs. 14.00 per month plus 0.50 ps., for meter charges in previous suit No. 58 of 1952 between the parties. The plaintiff served the tenant with a notice dated 6-4-1977 in accordance with the provisions of S.12(2) of the Act demanding the arrears of rent. The defendant neither replied to it nor paid the arrears of rent within one month of the service of notice dated 6-4-1977.

(3.) The defendant filed written statement, denying that he was a defaulter in payment of rent. It was stated that the plaintiff gave notice on 3-10-1975 which was replied within one month, i.e., on 1-11-1975. The rent was sent to the landlord by money orders on three occasions but the same were refused. The tenant deposited the entire rent due before the first date of hearing. He also filed an application under S.11(3) for fixation of the standard rent. No interim standard rent was fixed and the Court consolidated the miscellaneous application for fixing the standard rent with the suit for eviction.