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1996 Supreme(Bom) 607

V.P.TIPNIS
Hasan Alam Beg Jamdar – Appellant
Versus
Sardari Bagum Usman Dabir and another – Respondent


JUDGMENT - V.P. TIPNIS, J. :--- The plaintiff landlady filed Regular Civil Suit No. 20 of 1979 in the Court of the Civil Judge, Junior Division, Roha, against the defendant-tenant for possession of premises and arrears of rent. The suit premises were let out to the defendant-tenant at the monthly rent of Rs. 30/- The defendant was in arrears for the period between 1-6-1976 and 31-3-1977 totalling to Rs. 300/-. A notice of demand was issued on 18-4-1977. According to the landlady, the defendant sent a reply dated 16-5-1977. The suit was filed on the ground that the defendant is a defaulter. The defendant resisted the suit by contending that the rent of Rs. 30/- is excessive and the standard rent should be fixed. In fact, the defendant contended that alongwith the reply to the notice, he had tendered all arrears amounting to Rs. 300/- to the learned Advocate for the plaintiff who issued the notice, but the learned Advocate accepted the reply but refused the amount of rent tendered. The defendant also brought to the notice of the Court that, in fact, soon after the receipt of the notice of demand of arrears, immediately he filed Misc. Application No. 4 of 1977 for determining the










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