SIDRAMAPPA BASAPPA ATNURE Vs. JAYANARAYAN MOTILAL BHATTAD

JUDGEMENT

(1.) THE present petition has been filed by the original defendant-tenant seeking to challenge the concurrent judgments and decrees awarding possession under Section 12(3)(a) of the Bombay Rent Act. The suit premises consist of a shop viz. Vivekanand Vastu Bhandar Ration Shop No. 9 situate at Municipal House Nos. 97-98, West Mangalwar Peth, Solapur. The litigation between the parties has a chequered history commencing from the year 1970. In a suit No. 886 of 1970 fixed between the parties, the standard rent in respect of the suit premises was fixed by consent at Rs. 91/- per month. Two suits were thereafter filed in the year 1972, being suit Nos. 24 of 1972 and 127 of 1972, wherein the aforesaid amount of Rs. 91/- was confirmed as being the standard rent. In or about the year 1977, the parties agreed to payment of additional amount of Rs. 10/- per month towards education cess. The defendant, thus, from about February 1977 started paying the rent of Rs. 101/- per month and this is reflected by the rent receipts dated 5th February, 1977 and 7th April, 1977, at Exhibits 56 and 57.

(2.) ON 7th July, 1977 the defendant filed a Misc. Application No. 168 of 1977 for fixing of standard rent. According to him, the plaintiff landlord had illegally started recovering additional sum of Rs. 10/- per month towards education cess. By contending that the rent charged was excessive he prayed for fixation of standard rent. The interim rent was fixed at Rs. 60/ per month. Since the defendant failed to pay interim rent, the said application came to be dismissed on 10th April, 1979.

(3.) THE defendant resisted the suit contending inter alia that the contractual rent of Rs. 91/- per month was excessive and the standard rent would be an amount of Rs. 25/- per month. According to him, he was not a defaulter in payment of rent and hence the suit was liable to be dismissed.