Pursuant to this order the defendant deposited Rs.
50 per month, that the defendant had paid the stipulated rent upto April 1, 1956 and that he was entitled to credit for Rs.
500 to the credit of the plaintiff.
On January 8, 1956 the defendant deposited in Court Rs.
On January 27, 1957 the plaintiff instituted a suit in the Court of the Civil Judge, Junior Division, Baroda, for a decree in ejectment on the ground of number payment of rent.
On February 14, 1957 the defendant applied to the Court for an order specifying the rate at which interim rent may be deposited in Court so long as the standard rent of the suit property was number fixed, and submitted that the dispute between the parties related to fixation and payment of standard rent, and that without prejudice to his companytentions he was ready to deposit the amount ordered by the Court.
In the view of the Court the standard rent of the premises was Rs.
200 on March 2, 1956 to the credit of the plaintiff and deposited diverse other sums from time to time which by February 11, 1958, aggregated taking into account the amount of Rs.
Appeal by special leave from the judgment and decree dated August 14, 1962, of the Gujarat High Court in Revision Application No.
150 expended by him3 with the companysent of the plaintiff for electric installation in the premises occupied by him.
1,479.
On March 28, 1958, the Civil Judge, dismissed the plaintiffs claim for a decree in ejectment.
500 deposited on January 8, 1956 to Rs.
T. Desai, B. Parthasarathy, J.B. Dadachanji, O.C. Mathur and Ravinder Narain, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
By letter dated January 7, 1957 the defendant informed the plaintiff about the application moved by him and requested the plaintiff to appear in the proceeding, and expressed his willingness to pay such amount as the Court ordered him to pay.
C. Chatterjee and M.V. Goswami, for the respondent.
On January 5, 1957 the defendant moved the Civil Judge, Junior Division, Baroda under s. 11 1 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, called for the sake of brevity the Act, for an order fixing the standard rent of the premises occupied by him and also for an order under s. 11 3 specifying interim rent.
200 being the companyts incurred by him for electric installation in the premises made with the plain.
51 per month within 15 days from today.
470 of 1963.
The Civil Judge on the same day ordered The defendant to deposit the arrears at the rate of Rs.
tiffs companysent, and that the rent stipulated was excessive.
October 22, 1963.
The defendant by his letter dated December 7, 1956 companytended that he had paid rent at the agreed rate till April 1, 1956, and that he was entitled to get credit for Rs.
By numberice dated December 1, 1956 which was served on December 3, 1956, the plaintiff called upon the defendant to deliver possession of the premises alleging that the latter had failed to pay rent since October 1, 1955.
The Judgment of the Court was delivered by SHAH J. Haji Gulamnabi Haji Safibhai hereinafter called the plaintiff is the owner of certain premises in the town of Baroda, and Vora Abbasbhai hereinafter called the defendant occupies the premises as plaintiffs tenant on a monthly rental of Rs.
425 of 1960.
