IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 1471 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE M.C.PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- BIJAYKUMAR MURLIDHAR BOCHIWALA Versus MAYURPALSINH KHUSHPALSINH DOSHI -------------------------------------------------------------- Appearance: MR SURESH M SHAH for Petitioner MR MEHUL S SHAH for Petitioner MR DF AMIN for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL Date of decision: 22/02/2002 ORAL JUDGEMENT Rule. Mr. D.F. Amin waives service of rule on behalf of the respondent. At the request of the learned counsel for the parties, the Revision application is taken up for final hearing. Heard the learned counsel for the respective parties. The Appellate Bench has set aside the judgment and decree of the trial court and has remanded the matter for fresh trial but has ordered the petitioner to pay arrears of rent at the rate of Rs.12,000/- per month. It is submitted by counsel for the parties that the rate may be fixed between Rs.4,000/- and Rs.12,000/- per month. In the facts and circumstances of the case, without prejudice to the contentions of the parties about the standard rent, the petitioner is ordered to deposit arrears of rent for the period from 01st February, 1999 till 31st August, 2002 @ Rs.5,000 (Rupees Five thousand only) per month instead of Rs.12,000/- per month as ordered by the Appellate Bench. The time to deposit is extended till 31st August, 2002. Rest of the order passed by the Appellate Bench is confirmed. Rule made absolute accordingly with no order as to costs. The amount deposited by the petitioner is permitted to be withdrawn by the respondent. ####### hki