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1985 Supreme(Bom) 30

P.S.SHAH
National Hotel & others – Appellant
Versus
Rukaiyabai & others – Respondent


JUDGMENT - P.S. SHAH, J.:---This civil revision application raises a pure question of law as to whether the Court of Small Causes, Bombay, exercising jurisdiction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short called "the Rent Act") has jurisdiction to entertain an application for review under section 114 read with Rule 1 of Order 47 of the Code of Civil Procedure, 1908 (for short called "the Code").

2. The facts in so far as they are material are these. The respondents are the landlords and the petitioners are the tenants of the hotel premises known as 'National Hotel' at Grant Road. The agreed rent of the premises is Rs. 1,790/- per month. The tenants filed an application in the Court of Small Causes at Bombay for fixation of standard rent under section 11 of the Rent Act. By order dated September 22, 1971, the Court of Small Causes fixed standard rent of the premises at Rs. 1,017/- per month. On November 4, 1971, the respondents filed an application for review of the said order. Whereas the original order of the Court of Small Causes was passed on the basis of the estimated cost of construction of the building, the review was sought on the grou





















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