CHANDU NASRODDIN SHAIKH Vs. ANIL SHIVKARNA SHINGADE

JUDGEMENT

(1.) This petition challenges the decree made, having reference to the provisions of section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, by the appeal Court, setting aside the dismissal of the suit, as was done by the trial Court, filed by the respondent-plaintiff.

(2.) That decree is made, finding that the petitioner, who was the monthly tenant liable to pay Rs. 11/- per month even after the suit was filed and during the pendency of the appeal, did not deposit nor did he pay regularly and thus was the person who was not ready and willing to pay the amount of the standard rent.

(3.) Mr. Patankar argued that the account available in the appeal Court judgment, holding that in the trial Court the deposit was only to the extent of Rs. 486/-, is wrong because there was one more payment made to the advocate of the plaintiff in the sum of Rs. 150.00. Had that been taken into account, then the petitioner would have over-paid the rental liability. It was further contended that the petitioner having succeeded in the suit was not further liable to deposit or pay regularly the amount of rent during the course of the appeal and the appeal Court was not entitled to look into the conduct of the petitioner in that regard during the pendency of the appeal.