NAGINBHAI HIRABHAI PATEL Vs. DECD MODI RAMANLAL BAPULAL

JUDGEMENT

(1.) This is tenant's revision under Section 29(2) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 challenging the decree for possession granted by the lower appellate court.

(2.) The brief facts giving rise to this revision can be narrated as under:- One shop in the disputed property in the ownership of the respondent was let out to the revisionist on monthly rent of Rs. 51.00 for doing business. According to the landlord the tenant paid rent upto 30.6.1974 and did not pay the rent from 1.7.1974. He also failed to pay electricity charges at the rate of Rs. 2.00 per month from 1.8.1974 and education cess from 1.10.1974. Notice dated 9.6.1976 was served on the tenant revisionist on 10.6.1976. It was alleged by the landlord that the notice remained uncomplied with and no rent was paid within a month of service of notice. Accordingly, suit for eviction was filed on two grounds. Firstly on the ground of tenant being in arrears of rent for more than six months and secondly that the room was required reasonably and bona fide by the landlord for his personal use.

(3.) The suit was resisted by the revisionist on the ground that the room was not reasonably and bona fide required by the landlord and that because the landlord was pressing enhancement of rent to Rs. 100.00 per month which was not agreed upon by the revisionist, hence this ground was cooked up. Regarding arrears of rent it was pleaded by the revisionist that the rent was offered at the rate of Rs. 51.00 per month but it was refused. Thereafter rent was also sent by money order which was also refused. According to the revisionist, the agreed rate of Rs. 51.00 per month was excessive and for fixation of standard rent he moved an application which was registered as Civil Miscellaneous Application No. 368 of 1976. In that he claimed that the standard rent could not be more than Rs.20.00 per month.