S. N. Variava, J. - (1.)This Appeal is against an Order dated 18th August, 2000.
(2.)Briefly stated the facts are as follows: On 18th May, 1963 the Respondent let out the suit premises to the Appellants for a period of five months on a monthly rent of Rs. 108.34. A Rent Note was executed which, inter alia, provided that the Municipal taxes were to be paid by the Respondent. On the expiry of the period of five months the Appellants continued to remain in the premises.
(3.)Sometime in 1970 the Respondent constructed a floor above the suit premises. A part of the additional construction was let out to another tenant and the rest was occupied by the Respondent. On 10th December, 1977 the Respondent served a notice to the Appellants claiming arrears of rent amounting to Rs. 1,400/- at the rate of Rs. 175/- per month for the period from 1st January, 1977 to 31st August, 1977. In this Notice a sum of Rs. 940.13 was also claimed towards increase in Municipal taxes. The Appellants sent a reply dated 13th September, 1977. Along with the reply the Appellants paid Rs. 1,400/- by way of a Bank Draft. In regard to Rs. 940.13 the Appellants asked the Respondent to explain as to what would be their share in the increase which would be allocable to the premises in their occupation. The Respondent sent no reply to this notice.