M. C. TRIVEDI, J. B. MEHTA, J.

( 1 ) THE short question which has been referred by the learned Single Judge in this matter is as under: In the absence of a contract between the landlord and the tenant as regards payment of the education cess by the tenant would the amount of education cess form part of the ren payable by the tenant to the landlord so as to enable the Court to decide in a case governed by sec. 12 of the Bombay Rents Hotel and Lodging H use Rates Control Act 1947 (hereinafter referred to as the Rent Act) whether the said rent is payable by the month or otherwise?. The context in which this question had arisen was that the suit premises had been let to the tenant on a monthly rent of Rs. 20. 00and there was no rent note or anything to show that besides this amount of monthly rent which the tenant agreed to pay as consideration for taking the property the tenant agreed to pay inter alia the education cess. The rent had fallen in arrears from August 1 1966 for more than six months and so the statutory notice under sec. 12 (2) was given by the landlord on March 18 1967 and was served on the tenant on March 21 1967 Within one month no dispute about the standard rent had be

Click Here to Read the rest of this document