F.P. GRACIE Vs. VITHAL GANPAT MORE

JUDGEMENT

(1.) THE petitioner in the above Special Civil Application, let out to the opponent, three rooms at the rear site of a bungalow situated at 46 -C Oudh Road, Kirkee, Poona -3, on May 1, 1964, on a monthly rent of Rs. 83 and Rs. 2 for supply of water and electricity. Each of the rooms was 10 12 feet.

(2.) THE opponent filed Miscellaneous Application No. 543 of 1966 under Section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, for fixation of standard rent alleging that the premises were merely an extension of the main building which is situate at a place which is far away from the busy locality and most inconvenient for shopping and therefore the rent for Rs. 83 per month which the landlord was charging 'was unreasonable, excessive and exorbitant and deserves to be settled by the Court'.

(3.) IT is not necessary to refer to the earlier proceedings in the Court in which the matter was remanded because the earlier commissioner happened to be an advocate and not an architect or an engineer. It is enough to say that, after the remand order was passed, by the district Court, on September 14, 1969, the question of valuation of the premises in dispute was referred to an engineer -contractor, one Section Rule Ambekar, whose report is at exh. 32, on the record and is dated March 17, 1970; and which shows that the whole estimate for three rooms and w.c. and sink was Rs. 10,840 and further that the construction was made under his supervision.