CHUNILAL VITHALDAS versus MOHANLAL MOTILAL PATEL

CHUNILAL VITHALDAS versus MOHANLAL MOTILAL PATEL

A second appeal under s. 28 of the Saurashtra Rent Control Act is subject to the restrictions of s. 100 of the Code of Civil Procedure. The High Court cannot reappraise evidence on the ground that the District Court erred, as only questions of law are appealable. The calculation of standard rent should consider the...

Source-derived case information.

Parties
Appellant: Chunilal Vithaldas; Respondent: Mohanlal Motilal Patel
Jurisdiction
India
Judgment Date
15 April 1965
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated August 28, 1959 of the Bombay High Court in Civil Application No. 1638 of 1959
Outcome
Appeal dismissed and decree modified
Legal Topics
Standard Rent Determination, Appeals Under Saurashtra Rent Control Act, Second Appeal Scope, Calculation of Construction Cost, Adequate Return for Property
Rent Control Standard Rent Determination Appeals Under Saurashtra Rent Control Act Second Appeal Scope Calculation of Construction Cost Adequate Return for Property

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Parties

Chunilal Vithaldas

Appellant

Mohanlal Motilal Patel

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated August 28, 1959 of the Bombay High Court in Civil Application No. 1638 of 1959

Legal Issues

  1. 1 Whether second appeal under s. 28 of Saurashtra Rent Control Act is restricted by s. 100 of Code of Civil Procedure
  2. 2 Method of calculation for cost of building and land in determining standard rent
  3. 3 Adequate return percentage for rental property

Ratio Decidendi

A second appeal under s. 28 of the Saurashtra Rent Control Act is subject to the restrictions of s. 100 of the Code of Civil Procedure. The High Court cannot reappraise evidence on the ground that the District Court erred, as only questions of law are appealable. The calculation of standard rent should consider the cost of land and building as a composite unit. The District Court did not err in considering the whole price paid for land and building or in adopting 7% gross return as adequate for the locality.

Court Disposition

Appeal dismissed and decree modified

Orders

  • Standard rent of the whole building including space for restaurant and cellar is Rs. 1,200/- per mensem.
  • If cellar is not included in tenancy, standard rent of premises let out is Rs. 1,100/- per mensem.