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1985 Supreme(Online)(Guj) 4

GUJARAT HIGH COURT
R. A. Mehta, J
Jethalal Raghunath and Another v. Dr. K. H. Sojitra


Advocates:
For the Appellants/Petitioners: Mr. Shah

Table of Content
1. background of the revision application and tenant's rights. (Para 1 , 2)
2. court's examination of the necessity of notice under s.12 for fixing interim rent. (Para 3 , 4)
3. judicial principles regarding notification and rights of parties. (Para 5)
4. final ruling quashing prior decisions and allowing the application. (Para 6)

1. This is a revision application referred to us by our Brother R. A. Mehta, J. by his order dt. 21-2-1984.

2. In order to understand what the controversy is, the history of this litigation is required to be looked at. The opponent herein, who admittedly is a tenant of the premises situated at Jamnagar, has filed an application for fixation of standard rent in respect of the premises hired by him from the present petitioners - landlords. He has a right to file an application and there is no controversy about it. In that substantive application itself, the opponent - tenant filed an application for fixation of interim rent, presumably under S.11(3) of the Bombay Rent Act . The learned trial Judge fixed the interim rent of Rs. 1575/- p.m. as against the contractual rent of Rs. 2500/-. Soon on being served with this order fixing the interim rent,







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