KALIANMAL TILLOCKCHAND Vs. DHARAMSEYJETHA AND CO

JUDGEMENT

(1.) The plaintiff in Appeal No. 57 of 1923 is the owner of a go-down bearing No. 2 situate at Soni Lane. It was in his possession from 1916 to April 1920. On May 1, 1920, the plaintiff first let the premises to the defendants for seven months at a rental of Rs. 18,000, which was equivalent to Rs. 2,571-6-10 a month. On December 1, 1920, he let the go-down to the defendants for a year at a rent of Rs. 1,000 per month. At the end of that period the plaintiff filed a suit in the High Court against the defendants to eject them on the ground that he required the promises reasonably and bona fide for his own use and occupation. As the defendants filed a written statement, the hearing of the suit was delayed. When the suit came on for hearing, the plaintiff's circumstances had so changed that he no longer required the premises for his own use and occupation, and he gave up that contention, which was a true contention at the time the suit was tiled. A settlement was then arrived at, and a consent decree was taken on July 12, 1922. There is a remarkable clause in the consent decree to the effect that the decree was without prejudice to the plaintiff's centention as regards the standard rent of the premises in suit if raised in any other suits filed by or against the plaintiff. I confess I do not understand the meaning of those words. But under the consent decree the defendants became tenants of the premises at a rent of Rs. 1,000 a month.

(2.) Six days after the decree had been taken, the plaintiff gave notice to the defendants in the following form:

(3.) You are in occupation of our client's go-down at Colaba being Soni Lane No. 2 as our client's monthly tenant at the monthly rent of Rs. 1,000. You are, however, aware that the standard rent of the said go-down is Rs. 2,571-7-0 per month. Our client several times requested you to agree to pay the said rent as our client is entitled to demand from you but you have refused to do so. We are, therefore, instructed to give you this notice that from the first day of September 1922 our client will charge you rent at the said rate of Rs. 2,571-7-0 per month. If you do not desire to pay any more rent than Rs. 1,000 you can vacate the preminses before the said September 1, 1922.