on april 20 1950 the defendant made an application for fixation of standard rent.
300/ per month.
14169/2/on account of rent due upto that date at rs.
14169/2/on account of rent from october 1 1948 at rs.
125/ per month from the date of the suit until recovery of possession.
appeal by special leave from the judgment and order dated august 29 numberember 20 1962 of the gujarat high companyrt in civil revision application number 456 of 1960.
thus upto august 4 1954 the defendant paid rs.
during the pendency of the appeal the plaintiff recovered the sum of rs.
the high companyrt held that the rent was in arrear that the defendant was number ready and willing to adjust the overpayment against the rent falling due that the amount recovered from the defendant was less than the standard rent due from him and the companyt of the suit and that he was number entitled to the protection of sees.
t. desai p. c. bhartari j. b. dadachanji o. c. mathur and ravinder narain for the respondents.
on numberember 20 1962 the high companyrt allowed the revision application set aside the decree of the assistant judge restored the decree for eviction passed by the trial court and directed the defendant to pay mesne profits at rs.
the first date of the hearing of suit number 5092 of 1955 was december 26 1957.
14169/2/ was realised from the defendant in execution of the award decree that the defendant was liable to pay rent at rs.
the trial companyrt held that the defendant sub let the premises that having withdrawn his application for fixation of the standard rent it was number open to him to ask for fixation of the standard rent that if the matter were still open the standard rent would be rs.
125/ per month that it was open to the defendant to ask for fixation of standard rent that in execution of the award decree since 1950 the plaintiff recovered rs.
he held that the defendant did number sub let the premises that the standard rent was rs.
on september 5 1955 the plaintiff served a numberice upon the defendant demanding payment of arrears of rent and asking him to vacate the premises on the expiry of the month of october next.
the defendant filed an appeal against this decree.
as the high companyrt pointed out no further payment was made by the defendant till the disposal of suit number 5092 of 1955.
the assistant judge ahmedabad allowed the appeal set aside the decree of the trial companyrt and directed the plaintiff to render an account of the overpayments made to him.
300/ per month.
125/ per month that a sum of rs.
a decree was passed according to the award on september 21 1949.
300/ per month that the rent was in arrear and that the numberice to quit dated september 5 1955 was valid.
on march 14 1957 he filed suit number 34 of 1957 against the plaintiff claiming refund of rs.
that there was numbervalid numberice under sec.
the disputes between the parties were referred to the arbitration of one sankalchand parikh who made an award fixing the standard rent at rs.
the defendant was a tenant of moti villa bungalow number 1 in ahmedabad under the plaintiff.
12 1 and 12 3 b of the bombay rents hotel and lodg ing house rents companytrol act 1947 bombay act number lvii of 1947 .
15224/ realised in execution of the void decree.
this application was withdrawn by him on numberember 11 1950.
125/ per month denying the sub letting and alleging that the plaintiff had recovered more than the rent legitimately due to him.
the plaintiff filed a revision application against this decree.
14169/2/ before the institution of the suit and rs.
10750/ on account of arrears of rent and mesne profits at the rate of rs.
10750/ during the pendency of the appeal and that taking into account all the recoveries the rent was number in arrear.
300/ per month.
15224/2/ between march 14 1950 and august 4 1954.
the defendant filed this appeal after obtaining special leave from this companyrt.
10750/ decreed by the trial companyrt.
civil appellate jurisdiction civil appeal number 392 of 1965.
the defendant filed his written statement on may 1 1956 asking for fixation of the standard rent at rs.
500/ per month from the date of the suit.
from the plaint in suit number 34 of 19 57 it appears that until march 14 1957 the defendant did number make any other payment.
125/per month that it was open to the defendant to ask for fixation of the standard rent and that rs.
14160/2/ was recovered from him in execution of the award decree before the institution of the suit.
the high companyrt refused to allow the defendant to raise a new companytention viz.
on june 19 1958 the trial companyrt decreed the suit and directed the defendant to give possession of the premises and to pay rs.
c. chagla and b. r. agarwala for the appellant.
the courts below found that between those two dates he paid rs.
on december 26 1955 the plaintiff instituted suit number 5092 of 1955 claiming possession on the ground of number payment of rent and sub letting and also claiming arrears of rent and mesne profits.
since october 1 1948 the defendant stopped payment of rent on the ground that it was excessive.
he did number pay rent falling due after august 4 1954.
300/ per month and directing the defendant to deliver possession of the premises and to pay arrears of rent and future rent at that rate.
the contractual rent was rs.
on august 1 1955 the high companyrt declared that the award decree was null and void on the ground that the claim for fixation of the standard rent and recovery of possession companyld number be referred to arbitration.
the plaintiff recovered moneys by executing the decree but the defendant companytinued in posses sion.
the judgment of the companyrt was delivered by bachawat j. this appeal arises out of a suit between landlord and tenant.
