Judgement

BACHAWAT, J.: This appeal arises out of a suit between landlord and tenant.The defendant as a tenant of Moti Villa Bungalow No. 1 in Ahmedabad under the plaintiff. The contractual rent was Rs. 800 per month. Since October 1, 1948 the defendant stopped payment of rent on the ground that it was excessive. The disputes between the parties were referred to the arbitration of one Sankalchand Parikh who made an award fixing the standard rent at Rs. 300 per month and directing the defendant to deliver possession of the premises and to pay arrears of rent and future rent at that rate. A decree was passed according to the award on September 21, 1949. The plaintiff recovered moneys by executing the decree but the defendant continued in possession. On April 20, 1950 the defendant made an application for fixation of standard rent. This application was withdrawn by him on November 11, 1950. On August 1, 1955 the High Court declared that the award decree was null and void on the ground that the claim for fixation of the standard rent and recovery of possession could not be referred to arbitration.

2. On September 5, 1955 the plaintiff served a notice upon the defendant demanding payment