NARENDRA SINGH VIRDI Vs. N N ENGINEER

JUDGEMENT

(1.) These two petitions are between the same parties in proceedings under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Rent Act). The facts giving rise to them are taken from Special Civil Application No. 2849 of 1974 and they are as follows:

(2.) The premises involved are a bunglow situate on plot No. 5 in Survey No. 2 at Mundhava Road, Ghorpuri, Poona (hereinafter referred to as the suit premises) which was admittedly leased out to the petitioner-tenant by respondent No. 1 and his wife one Banoobai since deceased, under a rent note dated 10-11-1957 at a monthly rent of Rs. 130/- exclusive of electricity and water charges. Respondent No. 1 and his wife the said Banoobai, were admittedly the owners in common of the suit premises. The rent of the suit premises was increased by owners from 1-1-1963 to Rs. 150/- and the tenant paid the said rent from 1-1-1963 to 31-7-1963. Thereafter, there were arrears of rent 1-8-1963 to 31-3-1964 and, therefore, the owners by their notice dated 22-4-1964 terminated the tenancy and demanded arrears of rent under section 12(2) of the Rent Act. Thereafter, they filed a suit a suit on 10-6-1964 being Civil Suit No. 2267 of 1964 in the Rent Court i.e., the Small Causes Court, Poona. The tenant by his written statement filed on 23-9-1964, among other things, disputed the rent as not being the standard rent and claimed the fixation of standard rent. By its decision dated 26-7-1965, the trial Court fixed the standard rent at Rs. 130/- per month and also passed a decree for possessions of the suit premises in favour of the owners. The tenant thereafter preferred an appeal being Appeal No. 672 of 1965 and the Appellate Court by its decision dated 16-4-1966 allowed the appeal, dismissed the suit of the owners and confirmed the standard rent at Rs. 130/- per month. Against the said decision, the owners preferred a petition under Article 227 of the Constitution being Special Application No. 46 of 1967 in this Court and this Court by its decision dated 6-10-1970 confirmed the decision of the District Court and dismissed the said writ petition.

(3.) It appears that while the aforesaid proceeding were pending, the water connection which was available to the tenant from the connection of the owners, was cut off the Poona Cantonment Board on 24-8-1966 on account of the failure to pay the water charges for the period from 21-6-1965 to July 1966 as per seven bills dated 14-7-1966 served by the Cantonment on Board on 24-8-1966. The water charges were subsequently paid by the tenant on 27-8-1966. Thereafter, on 3-10-1966 the tenant requested the owners to give their consent by signing on the requisite forms, for re-connecting the water supply. On 5-10-1966, respondent No. 1 refused to sign. It may be mentioned here that on 3-10-1966 the said Banoobai expired. Thereafter, the tenant filed an application being Miscellaneous Application No. 631 of 1966 on 10-10-1966 under section 24 of the Rent Act for a direction to respondent No. 1 who was alone a party to the said application, to give his consent for re-connection of the water supply. Respondent No. 1 preferred a revision application before the District Court being Revision Application No. 16 of 1967 and by its decision dated 25-4-67 the District Court allowed the revision application holding that in the circumstances of the case, respondent No. 1 was under no obligation to give his consent for giving the water supply from his connection. Against the said decision, the tenant preferred a writ petition under Article 227 of the Constitution in this Court being Special Civil Application No. 2078 of 1967. A compromise was arrived at on 13-9-1968 in the said writ petition whereby the tenant was given liberty to take an independent connection for himself and the landlord agreed to give his consent for such direct connection of water supply.