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2004 Supreme(Guj) 679

P.B.MAJMUDAR
KAPOOR DEVIERWALA HOTELS – Appellant
Versus
SURAT TEXTILE MARKET CO-OP SHOPS and WAREHOUSING SOC, LTD – Respondent


Advocates Appeared: D.B.JAGIRDAR, D.D.Vyas, DHAVAL VYAS, K.J.BRAHMBHATT, S.M.SHAH, VYAS ASSOCIATES

JUSTICE P. B. MAJMUDAR, J.

( 1 ) ). THE present Civil Revision Application is filed by the petitioner under Section 29 (2) of the Bombay Rent Act, challenging the order passed by the District Judge, Surat, on 9th March, 1988 in Revision Application No. 3/1982, by which the learned District Judge has allowed the revision application filed by the present respondents and dismissed the Standard Rent Application No. 1026 of 1976 filed by the present petitioner.

( 2 ) ). THE petitioner herein moved an application under Section 11 of the Rent Act for fixation of standard rent of the suit premises. At that time, a stand was taken by the respondents herein before the trial Court that there is no relationship of landlord and tenant between the parties and therefore, the application for fixation of standard rent is not maintainable.

( 3 ) ). THE trial Court has negatived the contention of the respondents and came to the conclusion that the Rent Act is applicable and there is a relationship of landlord and tenant between the parties. Subsequently, the trial Court has fixed standard rent of the suit premises at Rs. 3518. 86 ps. per month and for furniture and fixtures and other equipments at Rs.






















































































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