Case Note & Summary
The High Court dismissed a revision application filed by the tenant challenging eviction orders passed under the Bombay Rent Act -- The landlord had purchased residential premises and sought eviction on grounds of arrears of rent from 01.05.1989 -- The tenant disputed the contractual rent and filed an application under Section 11 of the Rent Act to fix standard rent -- The Court fixed interim standard rent at Rs.94 per month -- Both the Trial Court and Appellate Court found the tenant liable for eviction under Section 12(3)(b) for failing to pay arrears before the first date of hearing -- The High Court upheld these findings, rejecting the tenant's argument that interim standard rent could not be equated with standard rent -- The Court emphasized that the statutory requirement under Section 12(3)(b) was clear and the tenant's non-compliance justified eviction.
Headnote
The High Court of Gujarat at Ahmedabad dismissed a Civil Revision Application filed under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 -- The revision challenged the concurrent findings of the Trial Court and Appellate Court which had ordered eviction of the tenant under Section 12(3)(b) of the Rent Act -- The Court held that the tenant failed to pay arrears of standard rent before the first date of hearing despite having interim standard rent fixed at Rs.94 per month -- The distinction between interim standard rent and standard rent was acknowledged but found immaterial since the tenant did not comply with the statutory requirement -- The Court confirmed that non-payment of arrears before the first date of hearing disentitled the tenant from protection under Section 12(3)(b) -- The landlord's cross-objections under Order 41 Rule 22 of the Code of Civil Procedure, 1908 were also dismissed as the landlord accepted the Appellate Court's findings.
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Issue of Consideration: The Issue of Consideration was whether the tenant was entitled to protection under Section 12(3)(b) of the Bombay Rent Act when interim standard rent was fixed but the tenant failed to pay arrears before the first date of hearing
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Final Decision
The High Court dismissed the Civil Revision Application and upheld the eviction decree -- The Court confirmed that the tenant failed to comply with Section 12(3)(b) by not paying arrears before the first date of hearing -- The distinction between interim standard rent and standard rent was found immaterial to the statutory requirement -- The landlord's cross-objections were also dismissed as the landlord accepted the Appellate Court's findings.
