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1977 Supreme(SC) 195

A. C. GUPTA, M. H. BEG, P. S. KAILASAM
Mistry Premjibhai Vithaldas – Appellant
Versus
Ganeshbhai Keshavji – Respondent


Advocates:
AJIT R.OZA, KAILASH VASUDEV, M.V.GOSWAMY, Manju Jetley, P.H.Parekh

Judgment

BEG, C.J.I. - This is a landlords appeal by special leave against the judgment and order of the High Court of Gujarat allowing a revision application of the tenant under Section 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act).

2. It appears from the statement of facts in the judgment of the High Court that there was no dispute that the monthly rent of the premises was Rs. 30/- and that the tenant had also to pay the charges for electricity consumed by him. It was, however, at first disputed whether the tenant had to pay house tax and the education cess also, The landlord had brought a suit for arrears of rent amounting to Rs. 990/- from 6-3-67 to 5-12-69 and also to recover a sum of Rs. 27.49 paid as house tax and another sum of Rs. 210.18 paid by the landlord for the electricity consumed by the tenant. On January 5, 1970 the landlord had served a notice upon the tenant terminating the tenancy on the ground that dues amounting to Rs. 1227.67 had not been paid. The tenant filed an application for fixation of the standard rent within a month of the service of the abovementioned notice. He also filed an applicatio











































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