VENKATLAL G PITTIE Vs. BRIGHT BROS PRIVATE LIMITED

JUDGEMENT

(1.) These appeals, by special leave, by the landlords are directed against the judgment and order of the High Court of Bombay dated 3/4th July, 1979.

(2.) Two questions arise for consideration in these appeals- (i) whether the structure constructed by the tenant in the premises in question amounted to permanent structure leading to the forfeiture of the tenancy of the tenant; (ii) what is the scope and extent of the jurisdiction of the High Court under Art. 227 of the Constitution on questions of facts found by the appellate Bench of Small Cause Court.

(3.) In order to appreciate these questions it is necessary to reiterate the relevant facts. The second appellant being plaintiff No. 2 in the Original Suit leased out the premises involved herein being a godown measuring 11, 500 sq. ft. at 156 A, Tardeo, Bombay-7. The said premises was given by the landlord to the tenant, the respondent herein - M/s. Bright Brothers (Pvt.) Ltd. on lease vide the registered lease dated 14th April, 1947 for a period of ten years commencing from 1st September, 1946. By 1953, the respondent company began to fall into arrears in payment of rent. The respondent-tenant filed an application before the appropriate Rent Court for fixing the standard rent.