ASHOK MARANBASARI Vs. CANARA BANK

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS writ petition is directed against the order passed by the Court of Small Causes at Bombay on 31-7-1996 whereby the Court below refused to frame additional issues other than limitation as proposed by the defendants.

(3.) BY way of notice, the defendants submitted before the Court below that five issues be framed in addition to the issues already framed. a) Whether the demand for recovery of rent and permitted increases of the suit premises are barred by law of limitation? (b) Whether the rent charged to the suit premises is excessive, exhorbitant and much more than the standard rent of the suit premises ? (c) If so, what is the standard rent and permitted increases of the suit premises ? (d) Whether the defendants prove that they have obtained sanction/permission from the Bombay Municipal Corporation for change of user of the premises ? (e) If so, whether such, permission amounts to waiver of terms and conditions of lease ?