JAFFAR HUSSAIN EBRAHIM Vs. TAIYABALI DAWOODJI RANGWALA

JUDGEMENT

(1.) This is a landlords appeal. He filed a suit for eviction of the respondent-tenant from the premises in dispute, inter alia, on the ground of sub-letting. The trial Court came to the conclusion that Mohsin Rangwalla-though the common partner- was not a real partner in the firm respondent 2- defendant 2 and as such respondent 1 -defendant 1 had parted with the possession of the suit premises by putting respondent 2 in exclusive possession. In view of the said finding, the trial Court decreed the suit. The appeal filed by the tenant was heard by a Bench of the Small Cause Court. The appellate Court on re-appreciation of the evidence on record reversed, the reasoning and the conclusions reached by the trial Court and dismissed the suit. The High Court in its writ jurisdiction upheld the findings of the appellate Court. This appeal, by the landlord, is directed against the judgment of the appellate Court and that of the High Court.

(2.) We have heard learned counsel for the parties. We see no ground to interfere with the findings reached by the appellate Court and upheld by the High Court. The High Court approved the findings of the appellate Court on the following reasoning:-