Gujarat High Court
Judgename :N.K.VAKIL
PUNAMCHANDRA REVASHANKAR JOSHI - Appellant
Versus
RAMJIBHAI MAGANLAL - Respondent
Civil Revision 13 of 1962
Decided On : 12/23/1965
Civil Procedure Code – Sections 115 – Bombay Tenancy and Agricultural Lands Act 1948 – Sections 76, 88 – Bombay Merged States (Laws) Ordinance VI of 1949 – Section 3 – Bombay Rent Control Act – Section 11– Possessions of Lands – Petitioner in Civil Revision Application and Civil Revision Application was the original plaintiff in Regular Civil Suit – He had filed a suit against the present opponent in both these revision applications for possession on the ground that it was required bona fide for personal use of starting a booksellers business in the suit premises –Held, In this case also therefore court hold that question of standard rent shall be taken to have been decided in the suit itself – Record also shows that the question was actually decided in the suit and the conclusion recorded therein was relied upon in the proceedings under sec. 11 of Rent Control Act – Court further direct that the decision arrived at on remand by the authorities concerned as regards the standard rent shall be binding on the parties – Court therefore see no purpose in allowing the C. R. A. to be kept hanging with the suit proceedings now and therefore C. R. A. shall stand dismissed with a clear understanding that the dismissal of that application shall not in any way prejudice the right of either of the parties in respect of the determination of the question of standard rent – It is therefore ordered that the suit from which C. R. A. has arisen is remanded to the trial Court for deciding the question of standard rent according to law in the light of the observations made hereinabove and on the evidence as it already exists on the record – Order Accordingly
( 1 ) THE petitioner in Civil Revision Application No. 13 of 1962 and Civil Revision Application No. 26 of 1962 was the original plaintiff in Regular Civil Suit No. 16 of 1959. He had filed a suit against the present opponent in both these revision applications for possession on the ground that it was required bona fide for the personal use of starting a booksellers business in the suit premises. The suit premises were a part of a whole building which the petitioner had purchased sometime before he started the proceedings. After the suit was filed the respondent had also filed a miscellaneous application to determine the standard rent. In the suit also the defendant-respondent had raised the contention that the agreed rent which was Rs. 22/was not the standard rent. In the suit on merits the trial Court decided in favour of the plaintiff. As regards the standard rent the trial Court held that the standard rent was Rs. 8/inclusive of all taxes. As regards the standard rent the same was the finding in the miscellaneous application No. 74 of 1959. The defendant being aggrieved by the finding on merits filed an appeal No. 2 of 1961 and the present petitioner the plaintiff being aggrieved by the order as regards the standard rent filed two proceedings one being appeal No. 13 of 1961 against the order passed as regards the standard rent in the suit and the other was Revision Application No. 9 of 1961 against the order passed in the Miscellaneous Application No. 74 of 1959. The learned Assistant Judge allowed appeal No. 2 of 1961 and reversed the trial Courts decree and dismissed the suit. As regards the standard rent in both the proceedings the learned Assistant Judge confirmed the order of the trial Court. Being aggrieved the plaintiff approached this Court and filed three separate proceedings. Civil Revision Application No. 25 of 1962 was filed against the dismissal of his suit by the Assistant Judge reversing the decree of the trial Court. Civil Revision Application No. 26 of 1962 was filed by him against the order of the learned Assistant Judge in the appeal No. 13 of 1961 and Civil Revision Application No. 13 of 1962 against the order as regards the standard rent in Revision Application No. 9 of 1961. I have disposed of the Civil Revision Application No. 25 of 1962 by a separate Judgment. In the two Civil Revision Applications now under consideration the petitioner wants to rely on sub-sec. (2) of sec. 29 of the Bombay Rent Control Act and urges that the Court should enter into evidence to see whether the orders passed by the Assistant Judge under sec. 29 (1) (b) were according to law or not. It is contended however on behalf of the respondent that this Court has no jurisdiction to revise the orders passed by the Assistant Judge under the amended sub-sec. (2) of sec. 29 as these orders had been passed before this amendment came into force in 1965. In Civil Revision Application No. 26 of 1962 also the question was agitated but it could be disposed of even on an assumption that this Court had such jurisdiction to decide under the amended sub-sec. (2) of sec. 29. There fore the important question that arises for consideration in these two revision Application is whether the amended sub-sec. (2) of sec. 29 can be held to have retrospective effect so that this Court could assume powers given under the amendment and revise the orders passed by the learned Assistant Judge before the amendment came into effect in respect of the fixation of the standard rent.
( 2 ) THE question arises for consideration under the following facts :-MR. Karlekar the learned advocate for the petitioner submitted that the standard rent was not fixed in accordance with the provisions of law and therefore the findings both in the suit as well as the miscellaneous application No 74 of 1959 ought to have been set aside by the appellate Court. But the appellate Court also did not approach the question on any legal basis. Therefore this Court under
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