Judgement

SHAH, J. : Haji Gulamnabi Haji Safibhai hereinafter called the plaintiff is the owner of certain premises in the town of Baroda, and Vora Abbasbhai hereinafter called the defendant occupies the premises as plaintiff s tenant on a monthly rental of Rs. 70/-. By notice dated December 1, 1956 which was served on December 3, 1956, the plaintiff called upon the defendant to deliver possession of the premises alleging that the latter had failed to pay rent since October 1, 1955. The defendant by his letter dated December 7, 1956 contemplated that he had paid rent at the agreed rate till April 1, 1956 and that he was entitled to get credit for Rs. 200/- being the costs incurred by him for "electric-installation" in the premises made with the plaintiff s consent and the rent stipulated was excessive.

2. On January 5, 1957 the defendant moved the Civil Judge, Junior Division, Baroda under S. 11 (1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, called for the sake of brevity the Act , for an order fixing the standard rent of the premises occupied by him and also for an order under S. 11(3) specifying interim rent. By letter dated January 7, 1957 the defen