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2005 Supreme(Guj) 175

R.M.DOSHIT
ABDUL GANI ABDUL LATIF – Appellant
Versus
SARIFA BEGUM D/o NIZAMMUDDIN SAIYED IMAM – Respondent


Advocates Appeared: S.A.DESAI, UDAYAN P.VYAS

R. M. DOSHIT, J.

( 1 ) HEARD the learned advocates.

( 2 ) RULE returnable today. Learned advocate Mr. Desai waives service of rule.

( 3 ) THE petitioner-defendant has preferred the present Revision Application under Section 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Rent Act") against the judgment and order dated 23rd September, 2004 passed by the learned Joint District Judge, Surat in Regular Civil Appeal No. 10/2000.

( 4 ) THE petitioner-defendant is a tenant in the suit premises comprising a residential room situated at Surat. The suit room was leased to the defendant for a monthly rent of Rs. 50=00. The defendant raised dispute as to the standard rent of the suit room in Rent Application No. 1250/1977. The said Rent Application was decided on 18th July, 1983. The standard rent of the suit room was fixed at Rs. 50=00 per month exclusive of permitted increases. The said order was confirmed by the learned Assistant Judge, Surat in Civil Revision Application No. 4/1983.

( 5 ) SINCE then, the plaintiffs, the respondents-landlords, gave notice of demand for recovery of the amount of arrears of rent. As the defendant fa








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