SHANTILAL KESHARMAL GANDHI Vs. PRABHAKAR BALKRISHNA MAHANUBHAV

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel on both sides.

(3.) The tenant of a building governed by the Bombay Rent, Hotel & Lodging House Rates Control Act, 1947 (hereinafter referred to as, "the Act") is the appellant before us. The landlord of the building, the respondent, filed a suit for eviction of the tenant under Section 13(1)(a), (c) and (k) of the Act. The landlord pleaded that he had let out the suit premises to the tenant for the purpose of residence and the tenant has used the premises for a purpose different from the one for which it was let by establishing a manufacturing unit therein and has thus contravened Section 108(o) of the Transfer of Property Act and thereby rendered himself liable to be evicted under Section 13(1)(a) of the Act. By installing the machinery and by dumping of the products and the blocking of an Ota, the tenant had caused nuisance to the plaintiff and the other occupiers of the same building belonging to the plaintiff and had rendered himself liable to be evicted under Section 13(1)(c) of the Act. He had also failed to use the premises for the purpose for which it was let and since he is not using the premises for the purpose for which it was let, for a continuous period of more than six months immediately before the filing of the suit, he was liable to be evicted under Section 13(1)(k) of the Act. The tenant denied the plea that the building was let out to him solely for a residential purpose. He pleaded that it was let out to him for residential and commercial purposes. He denied the committing of nuisance and also the claim that he had ceased to occupy the premises for a period exceeding six months as contended by the landlord.