NALANIKANT RAMADAS GUJJAR Vs. TULASIBAI

JUDGEMENT

(1.) The defendant in a suit for eviction is the appellant before this Court. The Plaintiff-respondents filed the suit in question for eviction of the defendant on the grounds mentioned under Section 13(1) (a) (e), (j) and (k) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, (hereinafter referred to as the Bombay Rent Act).

(2.) Plaintiffs grandfather Venkobacharya Anantacharya Burli had leased out a portion of R. S. No. 62 of Bagalkot, measuring 275 East to West and 634 North to South, to Binny Company of Madras, in the year 1889. The Binny Company had taken the said lease for making constructions to set up ginning and pressing machines and for construction of godown to store cotton. The said company made constructions including the godown over the said leasehold area and installed the ginning and pressing machines. Thereafter, the said Binny Company transferred its right, title and interest in favour of one Shilvantappa in 1929, Later, the aforesaid Shilvantappa transferred the same in favour of the deceased husband of defendants Nos. 1 and 2.

(3.) In the suit for eviction which was filed on behalf of the plaintiffs. apart from other grounds, it was alleged that the defendant had sub-let the premises in question to various persons including defendants Nos. 4 to 16. The Trial Court dismissed the said suit on the ground that the provisions of Bombay Rent Act were not applicable to the leasehold area, over which the construction had been made. The District Judge dismissed the appeal filed on behalf of the plaintiffs. The Civil Revision filed on behalf of the plaintiffs has been allowed by the High Court. The High Court has come to the conclusion that the provisions of the Bombay Rent Act were applicable in the facts and circumstances of the case.