HELPER GIRDHARBHAI Vs. SAIYED MOHMAD MIRASAHEB KADRI

JUDGEMENT

(1.) WHETHER the appellant herein and his father had sublet the premises in question in or about 1960 in terms of S. 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called the 'Rent Act') is the question involved in this appeal by special leave from the judgment and order of the High Court of Gujarat dated 21st of August, 1979.

(2.) IN order to decide this question, it is necessary to decide the scope and ambit of S. 29(1) of the Rent Act. To decide this, facts must be referred to.

(3.) THE appellant claimed to be the tenant in respect of the two premises which are quite adjacent to each other, one of which is involved in this appeal. The respondent is the landlord of the two premises and these were situated at Raikhad Ward, Ahmedabad. The respondent had alleged in the two suits that the appellant was his tenant in the suit premises which were leased out to him and before him his father, for conducting the business in the name of Ahmedabad Fine and Weaving Works and according to the terms of tenancy suit premises were leased for manufacturing cloth in the name of Ahmedabad Fine and Weaving Works. The respondent had further alleged that the appellant No. 1 had closed the business and he was not using the said premises for the purpose for which it was let to him. It was the case of the appellant that in respect of the suit premises he was carrying on his business with respondents Nos. 2, 4 and 5 in the name of respondent No. 2 M/s. Bharat Neon Signs (herein after referred to as respondent No. 2).