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VAIBHAVI D. NANAVATI
Prafulchandra Tulsidas Sata Decd. Thro Heirs – Appellant
Versus
Prabhudas Bhimjibhai Tanna Decd. – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. The applicant/tenant has preferred the present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 challenging the judgment and order dated 30.04.1998 passed by the Joint District Judge, Rajkot in Regular Civil Appeal No.31 of 1991.
2. The brief facts leading to the filing of the present Civil Revision Application read thus:
2.1 The applicant is a tenant of the respondent for suit premises located at Rajkot and, in a previous suit, Civil Suit No. 38 of 1982, standard rent of the suit premises is fixed at Rs.125/- per month, certified copy of the decree is produced at Ex.26 and therein, it is ordered that the applicant has, in addition to Rs.125/- per month, to pay electric bill and water charges. During the pendency of the suit, as per receipts, the applicant deposited, by Exh. 35 to 45, Rs. 5,950/- in all the rent claimed in this suit, from date 14.02.1981 and in view of the deposits, no decree for any amount of rent was passed while passing decree below Ex.26, on date 24.01.1984 in that suit and according to the respondent/plaintiff-landlord, he had not withdrawn amount thus deposited in the earlier suit.
2.2 It is f
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When Section 8(1) of the Act is not in Statute book, as it was declared ultra vires, a tenant is entitled to contend that the landlord is not entitled to retain the advance in excess of one month's r....
A tenant in default for over six months without disputing the rent is subject to eviction under Section 12(3)(a) of the Bombay Rent Act.
Tenant must comply with statutory deposit requirements under Section 12(3) of the Bombay Rent Act, including interest and costs, to avoid eviction.
Under the West Bengal Premises Tenancy Act, a tenant must deposit all arrears calculated at the last paid rate to secure protection against eviction, with the court mandated to address unresolved iss....
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