GOVERDHANDAS MULCHAND AGRAWAL Vs. BHERULAL UDERAM BAGADE

JUDGEMENT

(1.) THIS petition under Article 227 of the constitution of India is directed against the judgment and order dated 10-2-1987 in Civil Appeal No. 65 of 1984. The judgment under challenge affirms the decree in Regular Civil Suit No. 323 of 1979 dated 2/-6-1983 of IInd Joint Civil Judge, j. D. , Dhule.

(2.) THE proceedings are under the Bombay Rents, Hotel and Lodging House rates Control Act, 1947 (for short the Bombay Rent Act ). The petitioners are original plaintiffs whereas respondents are original defendants. The suit property is C. T. S. No. 1893 and 1824 belonging to the petitioners.

(3.) IT is common ground that respondents are tenants of the ground floor premises which consists of three rooms, ota and godown. It appears that initially two rooms and godown was let out to the father of the respondents. The rent was fixed at Rs. 100/- per month. Then the third room was also let and monthly rent was increased to Rs. 160/ -. In April, 1979, respondent took one more room adjacent to his premises from one Dekhabhai and claimed tenancy over it. The rent of the said room was fixed at Rs. 50/- per month. Thus, the respondent became tenant of the whole premises at Rs. 210/- per month.