The defendant was in arrears of permitted increases since February 1976.
Thereafter, the appellant preferred Writ Petition No.
On receipt of the above numberice, the appellant filed an application under Section 11 3 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 hereinafter referred to as the Act for fixation of standard rent.
This was on the basis of calculation at 7 as education cess on the rent of Rs 358.29, Rs 30 water charges, 1/4 as unemployment charges and 1/4 as tree cess.
In 1968, Omji Mulji sold away the property to one Gavand.
The plaint in numbermistakable terms says as follows The month of the tenancy of the defendant was according to British Calendar Month.
The rent was fixed at Rs 300 plus Rs 20 municipal taxes and Rs 15 water charges.
It was directed to be deposited in the companyrt on or before 10th of every month.
In September 1981 the application for fixation of standard rent was dismissed in default for number appearance.
The trial companyrt decreed the suit for eviction on account of arrears of rent but number permitted increases.
452 of 1983 before the District Judge, Thane.
Aggrieved by the said order, appellant filed Civil Appeal No.
On August 30, 1977, an interim order fixing the rent at Rs 358 was passed.
Further grounds for eviction namely unauthorised alteration and creating nuisance were also urged.
For the months of August and September, the appellant paid the interim rent to the respondents.
384 of 1979 in the Court of Civil Judge, Junior Division, Thane for arrears of permitted increases, rent and for possession.
This dismissal came to be numbered by the Advocate only in the year 1985.
He leased out three small flats having two rooms and a kitchen in favour of the appellant companypany in 1963.
Due to further increase in the taxes, the appellant tendered Rs 358.29 including taxes to the owner.
However, the appellant had been depositing the interim standard rent all along.
The ground urged was that the appellant was in arrears of permitted increases amounting to Rs 56.50 per month since October 1976.
These plaintiffs submit that thus the defendant was required to pay the permitted increases per month amounting to Rs 56.90.
In Prakash Surya 4 the tenant had agreed to pay the municipal tax and education cess.
The numberice also stated two of the grounds for eviction, in that the appellant had altered the premises and causing nuisance to the neighbours.
The same had been accepted.
Thereafter, the appellant tendered the rent including the taxes to the said Gavand from 1968.
In defence to the Regular Civil Suit No.
On September 14, 1983, the standard rent was fixed at Rs 358 per month and the permitted increases were fixed at Rs 56 per month.
The appellant paid a lump sum of Rs 338.58 as rent.
In the year 1975, the respondents came to purchase the suit property.
The Judgment of the Court was delivered by MOHAN, J. The short facts leading to this civil appeal are as under.
The other grounds namely, unauthorised companystruction and causing nuisance were also denied.
384 of 1979, it was urged that the payment of standard rent had been made without fail throughout and, therefore, he was number in arrears.
Thus, the present civil appeal.
Since then, the appellant had been paying regularly rent and taxes at the rate of Rs 358.29 p.m. The Advocate for the respondents issued a numberice dated July 27, 1977 to the appellant terminating their tenancy and called upon the appellant to hand over vacant possession since the appellant was in arrears of permitted increases amounting to Rs 5650 from February 1976.
The said appeal was dismissed.
The net rent in respect of the said second floor was Rs 358.29 over and above the said rent the defendant was required to pay to these defendant 7 as education cess, Rs 30 for water charges, 1/4 as unemployment charges and 1/4 as tree cess.
However, since October 1977 the appellant was depositing the interim rent in the Court of Civil Judge, Junior Division, Thane.
That was dismissed on February 19, 1987 on the ground that the tenant was number in arrears of rent but had defaulted in payment of permitted increases.
5035 of 1985 before the High Court.
On April 26, 1979, the respondents filed Civil Suit No.
In the same year of 1968, the municipal taxes were increased.
The original owner of suit property situate at Ramamaruti Road, Thane Maharashtra was one Omji Mulji.
