BAI SHANTABEN HARPALSINGH Vs. BAI AMRIT AMBA

JUDGEMENT

(1.) The petitioner in the Civil Revision Application was the original defendant in Regular Civil Suit No. 82 of 1971 which was filed in the Court of the Civil Judge (J.D.) at Junagadh by the plaintiffs Bai Amrit Amba and her husband late Mistry Bhovanbhai Kalabhai who are the opponents herein.

(2.) The opponents had filed the aforesaid suit against the petitioner to recover vacant possession of the suit premises on a ground inter alga that the opponents had acquired a vacant possession of a suitable residence by constructing a new house after the Rent Act came into operation and claimed that they had become entitled to recover possession thereof from the petitioner. It is averred by them in the plaint that the petitioner had constructed a new house in Gandhigram situated at Junagadh after he came to reside as a tenant in the suit premises. It was also averred by them that despite the fact that the petitioner has acquired a suitable residence he did not shift to the same new residence with a view that he might continue to occupy the suit premises wherein he was a tenant at a low rent and would get higher rent from the new house constructed by him. They averred that with that ulterior ideas in his mind he had let out a portion of the new house and was keeping a portion of it which was vacant unoccupied. Even when the rented portion fell vacant he did not occupy it for himself but was re-letting it out on a higher rent.

(3.) Before filing the suit the opponents had terminated the petitioners tenancy by a notice dated 26-12-1970 which is at Exh. 19.