The landlord thereafter filed a writ petition in the High Court, which was summarily dismissed by an Order dated July 21, 1977.
Against that Order of the High Court, the landlord has number companye in special appeal under Article 136 of the Constitution, before us.
The appellants herein filed a suit in the Court of Small Causes, Ahmedabad for possession of the suit premises and also for arrears of rent amounting to Rs.
It, however, fixed the standard rent of suit premises at Rs.
The uncontroverted facts found by the Courts below are that the Civil Appeal No.
498.33/ , up to the date of the suit.
133 of 1973 before the Appellate Bench of the Court of Small Causes was sic on August 22, 1973.
Thereafter, it remained pending there for about 40 months.
The trial Court dismissed the suit.
The last instalment of rent was paid by the tenant after the companyclusion of final arguments.
528.33/ , together with future mesne profits and companyts against the respondent.
The respondent resisted the suit on various grounds.
65/ p. m., including municipal taxes and further directed the defendant to pay the arrears of rent amounting to Rs.
During the pendency of this appeal C. A. 133/73 , the tenant respondent did number pay the rent or the money equivalent to rent every month as it fell due.
Aggrieved by that decree, the landlord preferred an appeal before the Appellate Bench of the Small Cause Court at Ahmedabad, which by its Judgment dated January 7, 1977, dismissed the appeal and maintained the decree of the trial Judge.
Nor did he make any payment in advance.
He deposited the rent in Court 16 times at intervals ranging from 2 to 4 months.
