(1.) The plaintiff is the owner of a building in Bombay known as Watson S Annexe which is let out in flats.
(2.) The defendant is a tenant of one of those flats on a monthly rental of Rs. 97. The plaintiff gave notice to quit on February 4, 1924, terminating the tenancy as from April 1, 1924. The defendant claims the privilege of Section 9 of the Rent Act, and also. contends that the rent that he is paying is in excess of the standard rent. 2. The main issue in the suit is what is the standard rent of the premises and in order to ascertain that, it is necessary to state briefly the terms on which the premises have been held.
(3.) The whole building known as Watson's Annexe is situated on a property which was leased by the Port Trust to the plaintiff for a term of fifty years. The plaintiff leased the whole building to one Dr. Billimoria on March 24, 1915, at a rental of Rs. 2,850, besides Rs. 649 ground rent and Rs. 980 taxes, making a total of Rs. 4,479. Dr. Billimoria sub-let the premises in different flats to different tenants and the premises which are how in the occupation of the defendant were first sub-let before January 1, 1916, at a rental of Rs. 75 in September, 1915.