ARJUN KHIAMAL MAKHIJANI Vs. JAMNADAS TULIANI

JUDGEMENT

(1.) Special leave granted.

(2.) Civil Appeal No. 2827 of 1989 (arising Out of SLP No. 14890 of 1988) is by defendants 1, 2 and 5 who are some of the tenants of a residential premises consisting of two bedrooms in the first floor, a garage and a storeroom in the ground floor on the Bhulabhai Desai Road, Bombay having approximately an area of 1,300 sq. ft. Defendants 3 (since dead) and 4 were also tenants, along with the aforesaid defendants in respect of the premises. Civil Appeal No. 2826 of 1989 (arising out of SLP No. 12298 of 1988) is by defendant No. 6 who was added at the instance of the landlord by order dated 21st March, 1975, to the eviction proceeding when he led claim to be a sub-tenant in respect of the garage with effect from 1-4-1967.

(3.) On 8-4-1967, the plaintiff-landlord issued notice to the tenants terminating the tenancy on the ground of default in the matter of payment of rent and change of user. The tenants did not reply to the notice and on 18-6-1967 the suit for eviction was filed on the two grounds stated in the notice. Subsequently when defendant No. 6 was added to the suit a further ground on the basis of unauthorised subletting was additionally raised. During the pendency of the proceeding for eviction defendant No. 6 filed a suit against defendants 1 to 5 on the basis that by agreement dated 1-4-1967 he had been inducted as sub-tenant in respect of the garage and applied for injunction restraining defendants 1 to 5 from dispossessing him. Since the landlord was not a party to the said suit, it is indeed unnecessary to advert to the chequered career of that litigation and another action which he too instituted.