SADGURU SWAMI MORALI MANOHARDASJI Vs. MAHESHCHANDRA TULSIDAS JALPURA

JUDGEMENT

(1.) On behalf of the landlord trust, some of the trustees have invoked the revisional jurisdiction of this Court under Section 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the 'Act' for brief) for questioning the correctness of the judgment and order passed by the learned Extra Assistant Judge of Kutch at Bhuj on 23rd February 1979 in Civil Regular Appeal No. 152 of 1977. Thereby the learned Appellate Judge was pleased to dismiss the appeal preferred on behalf of the landlord Trust against the judgment and the decree passed by the learned Civil Judge (J. D.) at Anjar on 21st July 1977 in Civil Suit No. 29 of 1975. Thereby the learned Trial Judge was pleased to dismiss the suit filed on behalf of the landlord for possession of the rented premises.

(2.) The facts giving rise to this revisional application may be summarised thus : The petitioners and respondents Nos. 5 and 6 are trustees of one Shri Swaminarayan Temple Trust at Bhuj (the 'Trust' for convenience). It owns the premises involved in the litigation giving rise to this revisional application. It was originally let out to the father of respondent No. 1 herein. It may be mentioned that respondent No. 2 herein is the mother of respondent No. 1 herein. On behalf of the Trust, one suit was filed inter alia against respondents Nos. 1 to 5 herein in the court of the Civil Judge (J.D.) at Anjar on 29th April 1975 inter alia for possession of the rented premises on the grounds of arrears of rent for more than 6 months and subletting. That suit came to be registered as Civil Suit No. 29 of 1975. The alleged sub-tenants were joined as defendants Nos. 3 to 5 in the suit. The defendants filed their written statement at Exh. 16 on the record of the Trial Court and resisted the suit on various grounds. On the pleadings of the parties, the learned Trial Judge framed the necessary issues at Exh. 17 on the record of the Trial Court. After recording evidence and hearing the parties, by his judgment and decree passed on 21st July 1977 in Civil Suit No. 29 of 1975, the learned Civil Judge (J.D.) at Anjar was pleased to dismiss the suit for possession of the rented premises. On behalf of the landlord-Trust, the matter was carried in appeal before the District Court at Bhuj. It was registered as Civil Regular Appeal No. 152 of 1977. It appears to have been assigned to the learned Extra Assistant Judge of Kutch at Bhuj for hearing and disposal. After hearing the parties, by his judgment and order passed on 23rd February 1979 in Civil Regular Appeal No. 152 of 1977, the learned Extra Judge of Kutch at Bhuj was pleased to dismiss the appeal. On behalf of the landlord-Trust, this revisional application has been preferred by the petitioner in this Court questioning the correctness of the judgment and order passed by the learned Appellate Judge in Appeal as aforesaid.

(3.) Shri Thakkar for the petitioners has urged that the courts below were in error in holding that respondents Nos. 1 and 2 herein as the original defendants were not in arrears of rent for more than six months even after expiration of one month from the date of receipt of the demand notice and that they were quite willing to pay the rent as demanded by or on behalf of the landlord. Shri Thakkar for the petitioners has further submitted that the courts below also erred in holding that respondents Nos. 1 and 2 herein have not unlawfully sublet the suit premises or transferred or assigned the same in any manner to respondents Nos. 3 to 5 herein. Shri Thakkar for the petitioners has urged that the courts below ought to have passed the decree for possession of the rented premises in favour of the landlord-Trust.