BADARMAL H JAIN Vs. RATANBEN V SUSHILABEN

JUDGEMENT

(1.) This is a revision application u/s 29[2] of the Bombay Rent Act at the instance of the original tenant defendant.

(2.) The respondents - landlords had sued the defendant - tenant for a decree of eviction under the provisions of the Bombay Rent Act on three grounds, namely, arrears of rent of more than six months, bonafide requirements of the landlords, and change of user of the premises on part of the tenant within the meaning of section 13[1][k] of the said Act, and on the tenant having acquired another residence within the meaning of section 13[1][l] of the Act. The trial Court, after recording the evidence and hearing the parties, dismissed the suit of the landlords on all the grounds.

(3.) In order to correctly appreciate the controversy between the parties, and in order to come out of the assumptions and totally erroneous perspective adopted by the lower appellate Court, it is necessary to examine the relevant statutory provision. Section 13[1][k] of the said Act reads as under :-