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Bombay rent control act 1947 in gujarat

(Querist) 20 February 2012 This query is : Resolved 
my freind is living in ahmedabad as a tenant for last 35 years in rented house @ rent rs 100/- per month.

but he missed the rent to pay his landlord therefore landlord served legal notice to him for payment of rent arrears rs 800/- for 08 months dtd 24/09/2001 and admitted suit on dtd 07/11/2001, and its judgement came dtd 15/04/2004 in favour of tenant on the ground that tenant is not in fualt of regular payment. meanwhile he has paid rent for the period from 01-01-2001 to 31/08/2001 rs. 800/- by money order on dtd 15/11/2001 but landlord had refused it so tenant has paid in court. after that tenant has paid regular rent on dtd 16/09/03 rs 3000/-, 24/12/2003 rs 700/-, 2/04/2004 rs 100/- total rs 3800/- before the hearing of suit filed dtd 15/04/2004.
after the judgement for suit dtd 15/04/2004 landlord admitted appeal against the judgement in small cuase appeleatee bench in ahmedabad dtd 5/7/2004 and its judgement came in favour of landlord on the ground that under bombay rent control act section 12 (3) before the first suit filed on dtd 07/11/2001 tenant has not paid the rent rs 800/- for last eight months so it is fuault by tentant and court given order to vacat the said premises within three months.
after that tenant has filed civil revision appeal in gujarat high court dtd 28/12/2011 and gujarat high court has given the order in favour of landlord to vacat the said premises within the six month aginst the undertaking of tenat to vacat the premises within a timelimit. on the ground that tenant has not paid 800- rs rent due for eight months before the first suit dtd 07/11/2011.

now what should do for rectifying this error can we go for further legal statd to challange the gujarat high court or supreme court

we want confirm that we have paid rs 800/- rent before the first hearing of suit dtd 15/04/2004 so in this situation court can give this order for vacating the said premises. moreover tenant parents is sr. citizen aged 64 so court can give some relief to them because tenant is sr. citizen and they are retired physically weak they are not earning any thing they have only one son he earns can court give some relief to them on this ground they donot have any other residence home.

please guide us because already two months has been passed after the gujarat high court judgement what should we do?
Raj Kumar Makkad (Expert) 21 February 2012
You have no other option but to file a SLP before Hon'ble Supreme Court of India without wasting any time.

There are various citation in your favour. Keep on depositng up to date rent to the landlord.


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