ANANDRAM CHANDANMAL MUNOT Vs. BANSILAL CHUNILAL KABRA

JUDGEMENT

(1.) This is landlord's appeal. There are two appellants. They filed a suit for eviction against the respondents, numbering three, under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, the 'Act'). There were four grounds of eviction : (1) non-payment of rent; (2) subletting (3) damage to the premises; and (4) bona fide need of the appellants themselves. Suit of the appellants was dismissed by the trial Court on all the grounds. Appellants appealed against that order. The appellate Court, however, held that the first respondent, the tenant, defaulted in payment of rent and was liable to eviction on that ground but since the second respondent was a lawful sub-tenant, no decree or order for eviction could be passed against second respondent. Other grounds of eviction were again held against the appellants. Appellants then filed a writ petition in the Bombay High Court which was dismissed by the impugned judgment dated December 22, 1996 by a learned single Judge of the High Court with only modification holding that the tenancy of the first respondent stood determined on April 17, 1982 and not on March 1, 1975 as was held by the lower appellate Court. While the High Court in the writ petition fixed the date determining the tenancy of the first respondent on which date appeal of the appellants was dismissed, the first appellate Court had fixed the date determining the tenancy of the first respondent when notice issued by the appellants determined the tenancy of the first respondent.

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(3.) Suit premises is a shop in the city of Ahmad Nagar within the jurisdiction of the Bombay High Court. Appellants said that they had let out the shop premises to the respondent who unauthorisedly sublet the same to the second and third respondents. It has been held that the third respondent was an employee of the second respondent and this finding has not been challenged before us by the appellants. In the notice dated January 16, 1975 sent by the appellants demanding arrears of rent, it was not mentioned as to when there was subletting by the first respondent to the second respondent. Admittedly both the respondents are brothers. It was stated that the first respondent had indicted the second respondent to the shop premises by taking a substantial amount of "pagri". In the suit, however, it was mentioned that subletting was in the year 1972 and 1973 and the rent was stated to be in arrears from February 1, 1971 till the date of the filing the suit which was September 9, 1975. Respondents denied that there was any subletting. Their plea was in the alternative one, that both the respondents were brothers and were joint tenants and were working as partners and second, that the first respondent left the premises in late 50's and all through thereafter rent had been paid by the second respondent even though the rent receipts were issued in the name of the first respondent. It was the second respondent who signed on the counterfoils of the rent receipts. First plea that the respondents were joint tenants was negatived. It was held that the second respondent became sub-tenant in 50's and was, thus, protected from being evicted even though the ground of eviction of the first respondent, the tenant-in-chief being in arrears of rent, succeeded. First appellate Court came quite heavily on the appellants holding that they raised a false plea of subletting from the year 1972 and 1973. A presumption was drawn against the appellants, and in our view rightly, as they failed to produce the counterfoils of the rent receipts.