(1.) IN Tohleram Revaldas Gidwani and another v. Purshottamdas Chhaganlal Shah [1995(2) GLH 1019], the Court posed a question -Should the proof of monetary consideration received by the tenant from his sub -tenant be a sine qua non for an ejectment decree or even in absence thereof, and eviction decree could be legally recorded. In the present revision application, similar question is raised by learned advocate for the applicant, contending, undoubtedly with more emphasis and vehemence, that a valuable consideration is sine qua non for passing the decree of eviction under Section 13(1)(e) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 The HRP Suit No. 3891 of 1988 instituted by the respondent -landlord for decree of eviction came to be allowed by Court No. 3 of Small Causes Court, Ahmedabad on 24.12.1996. The tenant preferred Civil Appeal No. 32 of 1997 before the Appellate Bench of the Small Causes Court, Ahmedabad, which was dismissed by judgment and order dated 25.04.2000. The aggrieved tenant has, therefore, filed the present Revision Application under Section 29(2) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Act' for short).
(2.) A profile of facts may be outlined in brief. The suit premises bearing Municipal Census Number 1408/2 and 1408/3 was rented to the defendant at a monthly rent of Rs. 20/ -. It was the case of the plaintiff -landlord that premises bearing No. 1408/2 was sub -let by defendant No. 1 to defendant No. 2 one Dhansukh Ratilal and the 1 tenant was thereby profiteering. The plaintiff stated that the said subtenant was in exclusive possession and was illegally occupying the same. The said defendant No. 2, who happened to be the brother -in -law of defendant No. 1, filed his written statement at Exhibit 106.
(3.) SECTION 13(1)(e) of the Act provides for eviction of decree to the landlord if the tenant has unlawful assigned or transferred his interest therein. The Section reads thus,
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