KLIM PLASTIC PRODUCTS Vs. PARADISE INDUSTRIAL CORPORATION
LAWS(BOM)-1972-8-2
HIGH COURT OF BOMBAY
Decided on August 19,1972

KLIM PLASTIC PRODUCTS Appellant
VERSUS
PARADISE INDUSTRIAL CORPORATION Respondents

JUDGEMENT

- (1.) THIS is a tenant's petition under Article 227 of the Constitution of India challenging an ex parte decree passed by a Judge of the Small Causes Court on August 6, 1969 which was confirmed by an appellate Bench of that Court on October 27, 1969. The said decisions are challenged on the ground that the ex parte decree was passed contrary to law and without jurisdiction on the erroneous basis that an interim order passed under Section 11 (4) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947, was not complied with by the tenants. The tenant has deposited by now all that was ordered to be deposited by now all that was ordered to be deposited and all the rent that is due up to date either in the small Causes Court or in this Court as ordered by this Court during the pendency of the above special civil application.
(2.) THE only question which arises in this petition is as to whether sub-s. (4) of Section 11 justified the Small Cause Court to pass an ex parte decree merely because an order for deposit of rent was not complied with by the tenant. It is not disputed that an standard rent application was filed by the tenant even before the eviction suit was filed by the landlord and that the application for fixation of standard rent is still pending for hearing before the Court of Small Causes.
(3.) THE relevant portion of S. 11 (4) runs as follows : - "the Court may also direct that if the tenant fails to comply with any order made as aforesaid within such time as may be allowed by it, he shall not be entitled to appear in or defend the suit except with leave of the Court which leave may be granted subject to such terms and conditions as the Court may specify. ";


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