RUKHAIABAI Vs. NATIONAL HOTEL

JUDGEMENT

(1.) BY this petition the petitioner who is the respondent in the Trial Court seeks to challenge the fixation of standard rent in respect of the suit premises being Messrs National Hotel at Grant road, Bombay. The said premises consist of a five storied building which was let to the respondents in the year 1961. The contractual rent in respect of the said premises was Rs. 1790 per month. The land on which the construction stands was purchased way back in the year 1944 by one Iqbal, the husband of petitioner No. 1 and one Alihusein Mullakhan, the father of petitioner Nos. 2-A and 2-B. It was purchased for a sum of Rs. 1,60,000. The construction on the said land was put up some time in the year 1948-49. Some additional construction was thereafter put up in the year 1956.

(2.) ON 31st May, 1966 the respondent filed the instant application under Section 11 of the Bombay Rent Act for fixation of standard rent. By a judgment and order dated 22nd September, 1971 the learned Judge of the Court of Small Causes was pleased to fix standard rent at Rs. 1017 per month. On 4th November, 1971 the petitioner filed an application for review. The petitioner sought to rely on proceedings in original side suit No. 239 of 1951 of this Court for the purpose of showing the amount spent on the construction. The said application was rejected as being time Barred. The petitioner preferred a revision and the same was allowed. It was held that the Review Application was not barred by the limitation and the matter was remanded to the Trial Court to reconsider the Review Application.

(3.) THE respondent challenged the said order of remand by filing in this Court, Civil Revision Application No. 461 of 1982 wherein by the judgment and order dated 1st February, 1985 it was held that the power to review is not an inherent power. It must be conferred by law either specifically or by necessary implication. The Small Causes Court has no power of review in proceedings under the Bombay Rent Act. There is neither any express nor any implied provision from which it can be said that small Causes Court is invested with jurisdiction to entertain an application for review as contemplated under Section 114 read with Order 47, rule 1 of the Code of Civil Procedure, (1985 Man LJ 353 National Hotel v. Rukaiyabai ). The matter was remanded back to the Revisional Court to decjde the matter on its own merits.