N.H.BHATT
BARKATALI ABDULRAHIM KASAMWALINI – Appellant
Versus
SOHINIBEN JETHALAL PARIKH – Respondent
( 1 ) THIS is a revision application by the original tenant whose application being Misc. Application No. 203 of 1976 for fixation of standard rent under sec. 11 of the Bombay Rent Act had come to be dismissed by the Additional Judge of the Court of Small Causes Baroda on the ground that the prayer sought for by the tenant was barred under the principles of res judicata. This tenants Civil Revision Application No. 26 of 1976 also came to be rejected by the 2nd Extra Assistant Judge Baroda on the ground of estoppel. It is these orders of the two authorities below that are sought to be impugned by this revision application.
( 2 ) A few facts are necessary to be stated in order to appreciate the various contentions and submissions raised and made in this case. The applicant-tenant had filed an application No. 836 of 1975 in the Court of the Civil Judge (J. D.) Baroda on 19-1-75 for fixation of standard rent. The landlord I am told at the Bar had before that served a notice on the tenant calling upon him to pay up arrears and so the tenant had filed that application No. 836 of 1975 in the Court of the Civil Judge (J. D.) which was the Court then competent to deal with th
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