MURLIS CHANDRAKANT CHOKSI Vs. MAGANBHAI HANSJIBHAI PATEL

JUDGEMENT

(1.) This revision application is filed by the present applicant who is the original plaintiff no.1. He and the present opponent no.1 Rajendra Chandrakant Choksi jointly filed Regular Civil Suit No. 221 of 1998 in the Court of Civil Judge (S.D.), Navsari against the present opponent no.1 and 2 - original defendant no.1 and 2 for recovering the possession of the suit premises and arrears of rent of the property bearing Municipal House No. 301/6 in the town of Navsari.

(2.) It's an old tenancy of 1972. It is contended by the original plaintiffs in the suit that the suit property was let out to the defendant no.1 for the purpose of running a diamond factory subject to the following conditions:-

(3.) The defendant no.1 failed and neglected to pay rent of the suit premises regularly to the plaintiffs and the rent had accrued due from 1.1.1987. Thus, the defendant no.1 was in arrears of rent for more than six months. Therefore, the plaintiffs became entitled to recover possession of the suit property from him. Accordingly, they filed suit before the Civil Court. It was also contended by the plaintiffs that the defendant no.1 had unlawfully sub-let the suit premises to the defendant no.2.