MOHMAD AHMED VALI MOHMAD Vs. RANCHHODDAS TRIBHOVANDAS

JUDGEMENT

(1.) The petitioner in this civil revision application was the original defendant. The opponents had filed a suit against him for possession of the suit property namely premises bearing No. 4130 situated in ward 4 Begampura Surat on the ground that the suit property originally belonged to one Shri Maganlal who created trust in respect of the property and by the said trust directed that the said property be used for a maternity home and he transferred the property to the trustees for administration as a public charitable trust by a registered deed. The plaint proceeded to allege that the suit property was required by the trustees for converting the property into a maternity hospital. The trial Court decreed the suit for eviction and also decreed the rent due and mesne profits. The decree was confirmed in appeal. In this revision application only that part of the decree which relates to eviction is challenged and four points are urged

(2.) It is contended that section 25(1) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 which will hereinafter be referred to as the Act controls sec. 13(1)(g) of the Act (2) that the Courts below have wrongly considered the hardship of the Tapi Brahmacharya Sabha which was appointed as a trustee (3) that the suit was for a relief under clause (hh) of see. 13(1) and not clause (g) of sec. 13 of the Act and (4) that in the case of a trust also requirement must be reasonable and bona fide.

(3.) These arguments will be dealt within their order. Section 13(1)(g) and sec. 13(1)(hh) read as follows :-