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1965 Supreme(SC) 195

J.R.MUDHOLKAR, R.S.BACHAWAT, K.SUBBA RAO
Ratilal Balabhai Nazar – Appellant
Versus
Ranchhodbhai Shankarbhai Patel – Respondent


Judgement

MUDHOLKAR, J.: This is an appeal by special leave against the order of the High Court of Gujarat dismissing summarily the appellant s application under S. 115, Code of Civil Procedure for revision of the judgment of the Principal Judge of the City Civil Court, Ahmedabad passed in an appeal under S. 29 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

2. The appellant is the tenant of certain premises belonging to the respondent, the rent of which was fixed at Rs. 50 According to the respondent, the appellant was required under the terms of the tenancy to pay in addition municipal taxes and charges for electric energy consumed by him. The appellant did not pay rent from June 1, 1956 for a period of over six months, in consequence of which the respondent gave a notice to him on February 20, 1957 terminating his tenancy and also demanding the rent and other charges which were due from the appellant. As the appellant did neither vacate the premises, nor pay the arrears due from him, the respondent instituted a suit on April 1, 1957 for recovery of possession and for the recovery of Rs. 838-11-0. This amount comprised of the standard rent in arrears amounting












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