RANA GOKALDAS ZINABHAI Vs. DADHRA THAKORLAL CHUNILAL DECD

JUDGEMENT

(1.) This Revision Application arises out of the eviction suit filed by the opponent Nos. 1 to 6 against the opponent No. 7 as the head tenant and the petitioner as the assignee in the court of Civil Judge Junior Division at Cambay where the said suit was registered as Regular Suit No. 12 of 1961. The premises in question consist of a shop at Cambay. The facts of the case show that on 11th December 1957 opponent No. 1 executed a rent note with respect to the suit premises as found at Ex. 34. One of the terms of the rent note was that the tenant should vacate the suit premises without any dispute and without insisting upon a notice whenever the landlord desired to take possession.

(2.) It is found that the head tenant fell into arrears of rent with the result that on 24-9-1960 the opponent No. 1 Thakorlal Chunilal who has since died served him with a notice of eviction on two grounds namely:

(3.) It is found that in the meanwhile on 1st October 1960 i.e. after the receipt of the first notice dated 24-9-60 found at Ex. 35. the head tenant who is the opponent No. 7 assigned his tenancy rights in favour of the petitioner who is referred in this judgment as sub-tenant. This document of assignment is found at Ex. 55 in the record of the case.