Under the agreement of lease the appellants were to pay out of the agreed rent Rs.
2,171/ .
The appellants applied for fixation of standard rent and invited the Court to pass an order fixing interim standard rent and the Court of Small Causes proceeded to pass the order for payment of rent and municipal taxes.
Appeal by special leave from the judgment and order dated September 3, 1965 of the Gujarat High Court in Civil Revision Application No.
810/ per month, and the balance was to be appropriated towards a loan advanced by them to the respondent for companystructing the house.
244 of 1965.
The appellants had also agreed to pay municipal taxes and electricity charges.
2,403/ as rent and Rs.
Arun H. Mehta and I. N. Shroff, for the appellant.
Distress was levied, and the order was companyfirmed.
808 of 1966.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1308 of 1963 in the Court of the Small Causes, Ahammadabad, for an order, inter alia, determining the standard rent of the premises in exercise of the power under s. 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act 57 of 1947.
2,403/ but number the municipal taxes.
Pursuant to this order, the appellants deposited Rs.
T. Desai, P. C. Bhartari, J. B. Dadachanji and O. C. Mathur, for the respondent.
The appellants filed suit No.
The Court of Small Causes, Ahamadabad, on an application filed by the appellants fixed the companytractual rent as interim standard rent and directed the appellants to pay the rent and municipal taxes.
The respondent then obtained an order for the issue of a distress warrant under S. 53 of the Presidency Small Cause Courts Act 15 of 1882 read with r. 5 of the Rules framed under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, for recovery of the amount due as municipal taxes.
A revision application moved in the High Court of Gujarat against that order was rejected.
The appellants are the tenants of that house at a monthly rental of Rs.
An application by the respondent to withdraw the amount deposited in Court was resisted by the appellants.
8,921.25 due as municipal taxes for the year 1964 65.
The Judgment of the Court was delivered by Shah, J. The respondent is the owner of a house in the town of Ahmedabad.
The Court permitted the respondent to withdraw Rs.
