SUKCHAND HEMCHAND SHRAWAGI Vs. RAMDAS SHANKAR SHUKLA

JUDGEMENT

(1.) REGULAR Civil Suit No. 29 of 1976 was filed by the respondent, hereinafter referred to as "plaintiff", for eviction of the petitioner, hereinafter referred to as "defendant", from certain premises occupied by the defendant as a tenant. The monthly rent of the premises was Rs. 6. The notice under Section 12(2) of the Bombay Rents, Hotel Lodging House Rates Control Act, 1947, hereinafter referred to as "the Bombay Rent Act", was served upon the defendant, claiming rent in the sum of Rs. 138 for the period from Ist of October, 1972 to 31st of August, 1974. Since the defendant did not comply with the requisition contained in this notice, the above mentioned suit was filed.

(2.) THE defence of the defendant was that there was an agreement between the plaintiff and the defendant that the defendant should continue to make the repairs to the suit premises and should go on adjusting the amount spent on the repairs towards rent. Taking accounts, says the defendant, the entire sum of Rs. 138 was adjusted towards the amount which he had spent at the time of the issuance of the notice under Section 12(2) of the Bombay Rent Act.

(3.) THE aforesaid finding has been endorced by the learned District Judge in his judgment disposing of Civil Appeal No. 170 of 1979 preferred by the plaintiff. However, the learned District Judge thought that the provisions of Section 23 of the Bombay Rent Act were attracted in this case. Since the defendant had not given a notice under sub-section (2) of Section 23 and had not taken the other steps mentioned therein, the defendant was not entitled to adjust the rent against the cost of the repairs. The learned district Judge also thought that not more than 1/6th of the amount spent towards the repairs could be legally adjusted by the defendant against the arrears of rent. Taking this view, the learned District Judge allowed the appeal and decreed the suit by his judgment and order dated 3rd of July, 1980, which is the subject-matter of challenge in this petition.