urbachan S. Pardesi v. Mrs. Zerakhanu J. G. Meghji, Misc. Civ. App. 7-D-69, -/9/69, Hamlyn J.

urbachan S. Pardesi v. Mrs. Zerakhanu J. G. Meghji, Misc. Civ. App. 7-D-69, -/9/69, Hamlyn J.

The appellant applied to the Rent Tribunal for the fixing of standard rent of certain premises; and in his evidence testified that certain rent had been paid by him since 1^st January, 1965.

When shown a document purported to have been signed by his manger, and dated the 6^th August, 1965, which shoed the rent of the premises as Shs. 2,000/- a month, he disputed it and claimed that he actually paid a lesser sum, offering to produce the cheques by which he always paid such rent. Although given time to do so, he did not produce these cheques before the Tribunal, which then proceeded on the available evidence to fix the rent at Shs. 2,000/- per month.

            Held: (1) “While it is perfectly true that standard rent in rem and that the Tribunal should consider the available evidence when fixing such standard rent, that is not to say that when a party seeking the aid of that body comes before it with only a portion of his case to set before the Tribunal, it should disregard proffered testimony and Endeavour to set up a fresh case upon other evidence which is not before it. While there may be cases in which the Tribunal might desire to call of its own motion additional evidence, such circumstances would be rare and normally the Tribunal will act upon the evidence which the applicant himself produces.” (2) “In the instant case …. The Tribunal made a finding of fact (which it was entitled to do) that rent on the prescribed date was a certain sum. There was evidence to this effect and, other than reference to certain data which were never put before the members of the Tribunal; there was nothing to contradict the figure which was found to be the rent payable on that date. The Tribunal was consequently entitled to reach the finding which it did.” Appeal dismissed.