Decided on July 30,1973



T.U.MEHTA - (1.)This Revision Application is preferred by the petitioner-defendant who is the tenant and against whom the opponent - plaintiff who is his landlord has filed eviction suit in the court of Civil Judge J. D. at Surat on the ground of non-payment of arrears of rent. The said suit was registered in the said court as Civil Suit No. 333/67. The learned trial Judge found that the case was covered by sec. 12(3)(a) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter referred to as the Rent Act). The trial court further found that the tenant was not entitled even to the protection contemplated by clause (b) of sec. 12(3) of the Rent Act as he failed to deposit in Court the whole of the rent in arrears on the first day of the hearing of the suit. Against this the tenant preferred an appeal in the District Court Surat where it was registered as Regular Civil Appeal Now 160/68. The learned appellate Judge confirmed the decree for eviction passed by the trial court on the ground that the case was covered by clause (a) of sec. 12(3) of the Rent Act and since the tenant is found to have neglected to make the payment of rent in arrears within one month from the receipt of the notice contemplated by sub-sec. (2) of sec. 12 he is liable to be evicted.
(2.)In order to properly appreciate the points involved in this revision application it would be necessary to state some facts which form the background of this litigation.
(3.)The suit premises are residential premises situated at Surat and the contractual rent which was originally fixed between the parties for these premises was Rs. 30/per month. The tenant fell in arrears from 1 September 1964 Thereafter on 8th December 1964 the tenant filed Misc. Application No. 869/64 for fixation of standard rent and during the pendency of that Misc. application he deposited the total amount of Rs. 540 between 31st January 1965 and 18th November 1966 On 18th December 1966 this Misc. Application for fixing standard rent was compromised between the parties. According to this compromise the standard rent of the premises was Rs. 23.50/inclusive of municipal taxes but exclusive of education cess. The parties further agreed that this amount of Rs. 23.50 per month should be paid with effect from 8.12.64 but the rent due before that date should he paid at the rate of Rs. 30/per month. The compromise further stipulated that the amount of RS. 420/which was deposited in court could be withdrawn by the landlord and appropriated towards rent in arrears. Here it is an admitted position that the amount of Rs. 420/was incorrectly stated in this compromise because as a matter of fact the amount of Rs. 540/was actually deposited by the tenant in the said application. The compromise arrived at between the parties was recorded and the learned Judge before whom the same was filed made an endorsement on the compromise purshis as under :
"Recorded and standard rent to be fixed accordingly".
Below the standard rent application itself. the court made the following endorsement:
Fixing standard rent at Rs. 23.50 with effect from 8-12-64. The rent as fixed is reasonable and fair.


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