ANIRUDHA RAMAKRISHNA KARLEKAR Vs. JANKIBAI R BEDEKAR

JUDGEMENT

(1.) The shop premises belonging to the respondent landlady was taken on rent by the petitioner for business purposes. The premises are within the scope of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('The Bombay Rent Act'). The petitioner has been carrying on business in sweetmeats and farsan. The landlady brought action to recover possession of the premises under S. 13(1)(c) on the ground that the tenant has been convicted of using the premises. It is not in dispute that the tenant was convicted on three occasions, first in 1968 for sellingadulterated Desi-butter and second, in 1972 for selling sugar-garlands coloured with mentanil yellow a coaltar dye which is a prohibited colouring agent. In the second judgment of conviction, it has been stated that the tenant had admitted two previous convictions and in one of the cases he was sentenced to six months simple imprisonment and a fine of Rs. 1,000/-. All the convictions and sentences were under the Prevention of Food Adulteration Act.

(2.) The Bombay High Court has accepted the claim of the landlady and ordered eviction under S. 13(1)(c).

(3.) The tenant seeks leave to appeal against the order of the Bombay High Court. S. 13(1)(c) of the Bombay Rent Act reads: " 13(1) Notwithstanding anything contained in the Act, but subject to the provisions of Ss. 15 and 15A, a landlord shall be entitled to recover possession of any premises if the Court is satisfied.