BADRIPRASAD JAMANAPRASAD CHOURASIYA Vs. SYEFFUDDIN MUSAJI MASTER

JUDGEMENT

(1.) Heard respective counsel.

(2.) This petition takes an exception to the judgment and order passed by the trial Court below Exhibit 21 in Misc. Civil Application No. 12 of 1978.

(3.) The petitioner has filed an application under Bombay Rents, Hotel and lodging House Rates Control Act, 1947, (said Act) in the Court of learned Civil judge, J. 'd. , Bhusawal. This application is for fixation of standard rent in respect of the suit property. It is alleged that the suit property is taken on rent by original applicant Fazale Ilahi for running a shop. Original applicant died on 10-10-2006. After his demise, petitioner had filed an application Exhibit 21. In this application, it is alleged by the petitioner that deceased was dealing in the business of fruits. Suit premises was used as office for said business. The petitioner was working as a servant with deceased for several years. At the time of demise of applicant, petitioner was staying along with him. After demise of applicant, the petitioner is looking after business, which was being run by deceased applicant. The petitioner is in possession of the suit property and is also having legal right to proceed with the proceeding as legal heir of deceased. This application is dated 9-1-2007.