ABDULGANI AND CO Vs. GULAM HUSSAIN MOHMADBHAI

JUDGEMENT

(1.) . This Revision Application at the instance of the tenant is directed against the order of District Judge Surat rejecting the Revision Application No. 5 of 1977 of the tenant and confirming the order of the Additional Judge Small Causes Court Surat dismissing the application of the tenant for fixation of standard rent.

(2.) It appears that the opponent-landlord herein had filed a suit being Regular Civil Suit No. 1131 of 1969 for possession of the premises comprising of a house property bearing census No. 319 situate in Ward No. 9 in the city of Surat on the ground of arrears of rent of Rs. 325.00 for a period of four months from 1-4-1969 to 31-8-1969.

(3.) The petitioner-tenant had joined issue with the landlord on the question of the standard rent of the aforesaid premises. A compromise was arrived at between the parties on March 25 1972 fixing the standard rent of the premises in question at Rs. 100.00 per month in place of the contractual rent of Rs. 65/- per month and the petitioner-tenant herein had agreed to pay all the taxes and cesses over and above the monthly rent of Rs. 100.00 and also agreed that the adjoining OTA situate on the north of the premises was in possession of the opponent-landlord herein and he was entitled to carry on his business on the said OTA by putting up a cabin or without cabin but he would not be entitled to let it out to any other person. The opponent-landlord also agreed to withdraw the suit. A consent order was made by the Court on April 12 1972 in terms of the said compromise.