TaxTMI 
TaxTMI 
TaxTMI 
1988 (8) TMI 414
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....rd November, 1981 dismissed an application under Article 227 of the Constitution challenging the said decision. Civil Suit No. 176 of 1974 was filed by the respondent-landlord against the appellants for possession of the building called Jamshed Villa at Thane. The ground floor of the building consists of one hall, tow bed rooms, two side rooms and a kitchen. The said premises was let out to one Shri S.H. Kulkarni the deceased father of the appellants some years ago by the respondent on the rent of ₹ 50 per month. The former owner, it is stated, terminated the tenancy of the appellants on 20th June, 1976, and the deceased Shri Kulkarni continued to occupy it as a statutory tenant. On the sale of the suit property the tenancy of Shri S.....
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....w of the decision of this Court in Harbanslal Jagmohandas & Anr. v. Prabhudas Shivlal, [1976] 3. S.C.R. 628. Accordingly. the trial Judge decreed the suit on the ground that the are in arrears of rent. There was an appeal from the said. decision of the trial Judge to the learned Assistant Judge, Thane. The learned Assistant Judge affirmed the order of the learned trial Judge but reiterated that the tenant could claim protection from the operation of Section l2(3)(a) of the Act, only if the tenant had made an application within one month from the service of the notice under Section I,?(i)) of the Act terminating the tenancy wherein a dispute was raised regarding the standard rent. It is common ground that the appellants in this case did not....
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....very of possession shall be instituted by a landlord a tenant on the ground of non-payment of the standard rent or permitted increases due, until the expiration of one month next after notice in writing of the demand of the standard rent or permitted has been served upon the tenant in the manner provided in 106 of the Transfer or Property Act, 1882. Subsection (3)(a) and (b) of Section 12 of the Act are important and set our here under: "(3)(a) Where the rent is payable by the month and there is no dispute regarding the amount of standard rent or permitted increases, if such rent or increases are in arrears for a period of six months or more and the tenant neglects to make payment thereof until the expiration of the period of one mont....
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....a dispute as to standard rent in his written statement in answer to the suit and in such a case the provisions of Section 12 (3)(a) of the act would apply. In the Gujarat case, the High Court found that the tenant did not raise the dispute within one month of the service of the notice terminating the tenancy. inter alia, on the ground of arrears of rent for more than 6 months. In the Bombay appeal the dispute was not raised within one month from the date of the receipt of the notice. It was, however. raised in the written statement. Under Section 11 of the the Court had power to determine standard rent when there was a dispute between landlord and tenant regarding the amount of standard rent. It was held by this Court that under Section 12 ....
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.... such suit for recovery or possession In terms of the decision of this Court in Harbanslal Jagmohandas supra), the eviction order had to follow by operation of law. Shri Bhasme, however, submitted before us that here there was no question of negligence in proper light because he drew our attention to several letters whereby the tenant to pay then rent of the landlord. 'The tenant's case was that the landlord Was not granting receipts. The landlord was not demanding ''rent but was demanding.' ''compensation" for use and occupation. He drew our attention to several decision and urged that the tenant was willing to pay the rent provided receipts were granted to him. Shri Bhasme urged that the landlord did not comply with the request to g....