NAINA J SHAH Vs. ARVINDLAL CHUNILAL

JUDGEMENT

(1.) This is a revision under Sec. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 by the heirs of the original defendant-tenant, who was sued by the respondents plaintiffs-landlords for a decree of eviction under the provisions of the Bombay Rent Act.

(2.) The landlord sued the tenant for a decree of eviction on three grounds. Firstly, it was contended that the tenant was in arrears of rent of more than six months and inspite of the statutory notice, had not complied with the same and was therefore deemed to be not ready and willing to pay the same. The second ground for eviction was that the original-landlord reasonably and bonafide required the suit premises for his personal use and occupation for the purpose of expansion of his existing business and that greater hardship would be caused to the landlord by refusing the decree of eviction than to the tenant if the decree was granted, and that, therefore, the landlord was entitled to decree under Sec. 13(l)(g) of the Bombay Rent Act.

(3.) The landlord also contended that the tenant was liable to be evicted under the provisions of Sec. 13(l)(e) of the Bombay Rent Act inasmuch as he has unlawfully sublet and/or assigned and/or transferred his interest in the suit premises to other parties.