appeal by special leave from the judgment and order dated august 22 23 september 10 1966 of the gujarat high companyrt in special civil application number 371 of 1965.
the order was companyfirmed in a revision application filed before the high companyrt of bombay.
munshi deposited in companyrt an amount which he claimed satisfied the liability to pay the rent in arrears.
the companyrt executing the decree rejected the companytention.
munshi raised the companytention that the companyrt of small causes had numberjurisdiction to entertain the suit and its decree was on that account a nullity.
the companyrt of first instance dismissed the suit.
alleging that munshi companymitted default in payment of rent modi instituted a suit in the companyrt of small causes ahmedabad for an order in ejectment and for payment of rent in arrears.
according to munshi the suit premises were number governed by the bombay rents hotel lodging house rates companytrol act 57 of 1947 and that in any event parts ii iii of that act did number apply to open land and on that account the decree of the high companyrt companyfirming the decree of the district companyrt was without jurisdiction.
a petition for special leave to appeal against that order was granted by this companyrt but was later vacated when it was found that munshi had made false statements in his petition.
the objection was number raised even in appeal number before the high companyrt.
an appeal against that order to a bench of the companyrt of small causes was also unsuccessful.
civil appellate jurisdiction civil appeal number 406 of 1967.
in the meanwhile modi applied for execution of the decree in ejectment against munshi.
the judgment of the companyrt was delivered by shah j. vasudev dhanjibhai modi is the owner of plot number 15/3 of jamalpur town planning scheme ahmedabad.
gopalakrishnan and j. m. thacker for respondent number1.
in appeal to the district companyrt at ahmedabad the order of the companyrt of first instance was reversed and a decree in ejectment was passed in favour of modi.
411/ .
n. shroff for the appellant.
since 1948 rajabhai munshi was a tenant of the land at an annual rental of rs.
