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1961 Supreme(Guj) 112

R.B.MEHTA
BHAIYA PUNJALAL BHAGWANDIN – Appellant
Versus
DAVE BHAGWATPRASAD PRABHUPRASAD – Respondent


Advocates Appeared: I.C.BHATT, N.S.PARGHI

R. B. MEHTA, J.

( 1 ) THIS is a revision application against an order of dismissal of the petitioners appeal by the learned Extra Assistant Judge Nadiad against an order of ejectment passed by the learned Civil Judge Junior Division Anand. The applicant petitioner was a tenant of a residential premises where incidentally he was also carrying on his business situate at Anand and belonging to the respondents-landlords. Since several years the applicant was holding this tenancy at a contractual rent of Rs. 75/p. m. . which he paid upto 27th July 1949. Thereafter the applicant ceased paying the rent of the premises. Sometimes in 1961 the applicant applied for fixation of standard rent. That application was decided on 31 March 1954 and the standard rent was fixed at Rs. 25/p. m. After the decision in this application for standard rent sometime in July 1954 the applicant is alleged to have offered the payment of rent at the rate of Rs. 25/p. m. which was the standard rent fixed but that offer was to pay at this rate from 5th July 1954 onwards which offer the landlords did not accept. The applicant did not offer the payment of the arrears prior to July 5 1954 The landlords gave notice to q















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