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1970 Supreme(SC) 12

J.C.SHAH, K.S.HEGDE
Jamnadas Harakhchand – Appellant
Versus
Narayanlal Bansilal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Kaisar vice Mr. M. M. Dar (in SWP No.107/2015)
Mr. M. S. Reshi (in SWP No.87/2015 & SWP No.1050/2014)
For the Respondents: M/S: Mehraj-ud-din & Jahangir Iqbal Ganai.

Judgment

HEGDE, J.: These are two connected appeals. They arise from a suit which originated in the Court of Small Causes, Bombay. Civil Appeal No. 1872 of 1968 is filed by some of the defendants in that suit and Civil Appeal No. 1873 of 1968 is brought by the plaintiff in that suit. The suit was filed to recover possession of the suit premises, rent thereof with interest, municipal taxes, insurance premia and damages. It was resisted on various grounds. In these appeals we are not concerned with the various controversies that engaged the attention of the High Court and the lower Court. The only point arising for decision in civil appeal No. 1872 of 1968, the appeal brought by the defendants is as to the scope of Section 20 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act). The solitary contention advanced in Civil Appeal No. 1873 of 1968 is that the appellate Court as well as the High Court erred in determining the standard rent.

2. The trial Court upheld the plaintiff s claim that the rent fixed under the two eases on the basis of which the suit was brought was the standard rent. A decree on that basis was granted







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