GIRJASHANKAR PRABHASHANKER RAVAL Vs. MANHARLAL JETASHANKAR DAVE

JUDGEMENT

(1.) The appellant is the landlord or to put it in correct term the owner of the premises of one room given to the respondent. The case of the appellant plaintiff is that the respondent defendant is a licensee and the case of the respondent defendant is that he is a tenant of the said premises at a monthly rent of Rs. 65.00. The appellants case was that the respondent happened to be an uncle of his sons wife. He was residing in a Boarding House and therefore at the instance of his brother who happened to be the father-in-law of the son of the appellant the respondent was permitted to reside in the disputed premises as a licensee without recovering any rent from him.

(2.) Before me the following facts are not disputed-(1) that the respondent was staying in a Boarding House; (2) that just at the time of giving the disputed premises for his residence the respondent had recently married (3) that prior to that the respondent was residing in a Boarding House and was also taking his meals there; (4) that the respondent happens to be the uncle of the sons wife of the appellant; and (5) that the brother of the respondent was also staying in Ahmedabad and the said brother was the father of the sons wife of the appellant.

(3.) It should be noted that prior to filing of the suit being Civil Suit No. 1457 of 1973 in the City Civil Court at Ahmedabad the appellant had filed Application No. 20 of 1971 in the Court of Small Causes at Ahmedabad under the Presidency Small Cause Courts Act 1882 (hereinafter referred to as the Act) for recovery of possession of the disputed premises on the basis of termination of the licence. As that application was dismissed the aforesaid suit was filed.