SURGICAL CORPORATION Vs. LACHMIBAI GAGANDAS

JUDGEMENT

(1.) This petition arises out of proceedings initiated by the petitioner by filing an application, being R.A.N. Application No. 1225/SR of 1974, under section 11(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, hereinafter referred to as "the Bombay Rent Act", after receiving the notice from the respondent-landlord under section 12(2) of the Bombay Rent Act. It may be mentioned at this stage itself that the application under section 11 (3) of the Bombay Rent Act was not made within one month after the receipt of the notice. From this it seems inevitable that a suit, if one is filed against the petitioner for eviction on the ground of arrears of rent, will have to be decreed in view of the judgment of the Supreme Court in (Harbanslal Jagmobandas v. Prabhudas Shivllal) 78 Bom.L.R. 213. However, my observation in this regard is only as aside and the Court dealing with the suit will naturally hear the same and dispose it of in accordance with law on the facts placed before it.

(2.) Returing to the application under section 11(3) of the Bombay Rent Act which was made on 17th July, 1974,1 must proceed to mention that Subsequently on 3rd August, 1974 an application was made on behalf of the petitioner for fixation of interim rent. Ad interim rent was fixed at Rs. 406/- per month and also a direction was given that an amount of Rs. 8120/- should be deposited by the petitioner by a particular day. The period, however, was later extended and I am informed that the amount was accepted within the extended period under the order of the Court. Subsequently after hearing the respondent interim rent was fixed at Rs. 650/-p.m. By an order dated 16th September, 1975 the petitioner was directed to deposit Rs. 10,894/- towards the arrears of rent upto 30 September, 1975. He was also directed to pay the revised interim rent by 30th day of the last month of each quarter. The petitioner complied with this order for sometime but later committed defaults in the payment of the revised interim rent as ordered by the Court.

(3.) The respondent took out notice, being No. 5945 of 1979, praying for the dismissal of the standard rent application made by the petitioner under section 11(3) of the Bombay Rent Act on the ground of non-compliance with the direction given by the Court. By its order dated 10th December, 1979, the trial Court dismissed the application of the petitioner and this order of the trial Court was confirmed by the Appellate Bench of the Small Causes Court by its order dated 7th August, 1980. It is against this order of the Appellate Bench that the petitioner has approached this Court under section 115 of the Code of Civil Procedure.