GULAM MUSTAFA ABDUL RAHIM Vs. KHATKI IBRAHIM GANIBHAI

JUDGEMENT

(1.) The tenant filed in the trial Court an application under sec. 11 of the Bombay Rent Act for fixing the standard rent of the suit premises. The contractual rent of the suit premises is Rs. 15.00 per month. The learned trial Judge however on an interim application made by the tenant fixed the interim rent at Rs. 75.00 per month.

(2.) It is that order which is challenged by the tenant in this civil revision application.

(3.) In my opinion if the contractual rent is Rs. 15.00 interim rent cannot be fixed at Rs. 75.00 per month. In other words the interim rent which a Court may fix cannot exceed the contractual rent. A Court has jurisdiction under sec. 11 of the Bombay Rent ACT to fix the standard rent. It may do so by reducing the contractual rent or by confirming the contr- actual rent as standard rent. It has no jurisdiction to fix the standard rent which exceeds the contractual rent unless the landlord proves that the contractual rent is nominal or is concessional on account of certain special circumstances. Therefore since the Court has ordinarily no jurisdiction to fix the standard rent which exceeds the contractual rent interim rent which exceeds the contractual rent also cannot be fixed because interim rent operates only during the pendeney of the proceeding until the standard rent is fixed.