PINJARA HABIB MOHMED Vs. PATHAN NISHAR AHMEDKHAN TALIBKHAN

JUDGEMENT

(1.) This is tenant's revision under Sec. 29(2) of the Bombay Rent Act.

(2.) The facts giving rise to this revision are as under: A suit for eviction of the revisionist was filed by the respondent No. 1 on the ground that the disputed accommodation was let out to the revisionist on a monthly rent of Rs. 65.00 per month and Rs. 4.00 per month were charged as house tax, etc. The rent fell due from 1-3-1984. Accordingly, notice was given on 27-4-1985 under Certificate of Posting. Evasive reply of this notice was given by the revisionist. The notice was not complied with hence suit for eviction, recovery of arrears of rent and mesne profits was filed.

(3.) The suit was resisted on the ground that there was no agreement for payment of rent at the rate of Rs. 65.00 p.m., nor was there agreement for payment of Rs. 4.00 p.m., towards taxes. On the other hand, the agreed rate of rent according to the defendant-revisionist was Rs. 25.00 p.m. He also applied for fixation of standard rent. Dispute regarding standard rent was also raised in the written statement. Tender of rent by Money Order and consequent refusal by the landlord was also pleaded by the revisionist in his written statement. Validity of notice was also challenged.