BENJAMIN PREMANAND RAWADE DEAD Vs. ANIL JOSEPH RAWADE

JUDGEMENT

(1.) The respondent filed an eviction petition in the Court of Small Causes at Bombay against the appellant. The trial Court, vide judgment dated 18-6-1976 found that the appellant was not a lawful sub-tenant and, therefore, was not entitled to the protection available under the Bombay Rent Act, 1947. Appeal filed by the appellant was allowed by the Appellate Court on 19-10-1982. The Appellate Court held that the appellant was a sub-tenant of the chief tenant. The judgment and order of the Appellate Court was put in issue through a petition under Article 227 of the Constitution of India in the Bombay High Court. The writ petition was allowed on 9-1-1986 and the order of the Appellate Court was set aside and that of the trial Court restored. Hence this appeal by special leave.

(2.) We have heard learned Counsel for the parties.

(3.) With a view to establish that the appellant was a sub-tenant of the chief tenant, the two essential conditions which were required to be satisfied by him through evidence were: (1) that the appellant was in an exclusive possession of the property in question and (2) that between the appellant and the chief tenant, there was a relationship of lessee and lessor.