UNION BANK OF INDIA Vs. CHANDRAKANT GORDHANDAS SHAH

JUDGEMENT

(1.) The only question which falls for determination in this appeal is whether the respondent is a deemed tenant of the landlord under S. 15A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Act for short) which confers such status upon a person, who was on February 1, 1973 in occupation of any premises or any part thereof, which is not less than a room, as a licensee. Both the trial Court and the appellate Court answered the question in the negative recording concurrent findings that there was an unauthorised sub-letting in favour of the respondent and decreed the suit filed by the appellant-landlord for his eviction, whereas the High Court, in its writ jurisdiction reversed those findings and dismissed the suit.

(2.) The appellant filed the suit in 1966 for eviction of M/s. H. D. Commercial Corporation (hereinafter referred to as the Corporation, who was its monthly tenant in respect of one room in its building in Bombay on the grounds of default in payment of rent and unlawful sub-letting of a partitioned portion of the room, (marked as BCDE in the plan which was exhibited during trial as Ext. B and hereinafter referred to as the premises) to the respondent. Besides the Corporation and the respondent, the appellant impleaded some others as defendants as according to it they were also in occupation by the premises under them.

(3.) Except the respondent no other defendants contested the suit, though the Corporation filed a written statement. In the first written statement filed on March 30, 1967 the respondent contended that he was a lawful sub-tenant of the Corporation in respect of the premises since before May 21,1959, the day when the Bombay Act 49 of 1959 came into force giving protection to the existing sub-tenants and that, therefore, he was not liable to be evicted.