DIGAMBAR NARAYAN HAJARE Vs. HOTCHAND MEGHRAJ GANGAWANI

JUDGEMENT

(1.) THE question involved in this Petition under Article 227 of Constitution of India is whether the Courts below are right in passing the decree against the Petitioner-tenant under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereafter referred to as 'Bombay Rent Act') ?

(2.) THE briefs facts are as follows:

(3.) THE Respondent issued notice dated 7.5.1977 calling upon the Petitioner to pay the arrears from August 1974 till April 1977 at the rate of Rs. 82.50 towards the standard rent and permitted increases and Rs. 2/- towards the convenience charges per month. The Petitioner sent reply on 10.5.1977 Exh.-25 pointing out that he has deposited the amount of Rs. 5,810/- in fixation of standard rent proceedings and asking the Respondent to adjust the amount of 4,000/- towards the balance payable. He pointed out if that is done there are no arrears whatsoever.