SUBHASHCHANDRA MULCHAND JAIN Vs. HEIRS AND LEGAL REPRESENTATIVES OF DECEASED BHUPENDRABHAI UMEDBHAI AMIN

JUDGEMENT

(1.) The present revision application under section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 is filed for the purpose of seeking following reliefs:

(2.) The case of the petitioner is that the petitioner is a tenant of the suit property being Plot No.22, Municipal Census No.F-1-122 being constructed premises/chawl having construction of ground floor and first floor and the petitioner is a tenant in two rooms of ground-floor area i.e. one big room on northern side and one small room on southern side of the premises at a monthly rent of Rs.56/- and one iron structure was also constructed by the petitioner. The original landlord Jotsnaben Amin filed Rent Suit No.441 of 1978 seeking eviction of the petitioner from the suit premises on the ground of arrears of rent as well as on the ground of construction of iron structure carried out in the said premises. In the said suit, a compromise took place and in view of the compromise, the petitioner tenant agreed to pay a monthly rent of Rs.70/- from 24.6.1982 and the said enhancement, according to the petitioner, was done as the facility of additional room in the nature of construction of iron sheet was created and in view of settlement, since the rent was fixed at Rs.70/- per month, the parties agreed to dispose of the suit on the basis of settlement and the same was disposed of on 25.6.1982. The original plaintiff then preferred an Execution Application No.119 of 1985 and the landlord plaintiff had also filed a Rent Suit No.253 of 1986 seeking decree of eviction on the ground of arrears of rent inter alia contending that despite three notices having been served, the defendant failed to pay the entire arrears, resultantly, the suit came to be filed for eviction and additionally on the ground of putting up permanent construction without permission of landlord.

(3.) The said suit was resisted by the petitioner and even in the written statement, the petitioner tenant had prayed for fixation of standard rent at Rs.70/- which was on the basis of judicial order passed in earlier Suit No.441 of 1978 and, therefore, the same could not be treated as standard rent, ultimately, by judgment and order dated 11.2.2013, Rent Suit No.253 of 1986 filed by the plaintiff came to be dismissed.