RAMESHCHANDRA K PATWA Vs. VITHALDAS CHIMANLAL

JUDGEMENT

(1.) This Revision Application is filed by the petitioners-original defendants 1 to 5 against the decree of eviction passed by the trial Court and confirmed by the Appellate Court.

(2.) To appreciate the controversy in question, few relevant facts may now be stated. The opponents-plaintiffs filed H.R.P. Suit No. 137 of 1973 in the Small Causes Court at Ahmedabad against the petitioners and one S. D. Shah and Co. (defendant 6) to recover possession of the suit premises bearing Municipal Census No. 1956 situated opposite English Cinema, Khadia, Ahmedabad, inter alia on the ground that defendants 2 and 3 who were the lawful tenants of the suit property had illegally and unlawfully sub-let a portion thereof to defendants 4 to 6. It was also alleged that defendants 2 and 3 were in arrears of rent from 1/10/1971, and they had committed breach of terms of tenancy. On those allegations, the tenancy of the defendants was terminated by a registered notice and they were called upon to vacate the premises. Since they did not comply with the notice, a suit came to be filed for possession of the suit property.

(3.) Defendants 2, 3 and 4 appeared and filed joint written statement at Exh. 14, contending that notice to vacate the premises was not legal and valid. They denied that they were in arrears of rent. Defendants 2 and 3 denied that they had unlawfully sub-let or transferred the suit premises or any part thereof to anyone as alleged by the plaintiffs. They also denied having committed breach of terms of tenancy and prayed for dismissal of the suit. Defendant 6, though served, did not appear.