GIRDHALAL CHHOTALAL ZAVERI Vs. LILAVATIBEN RATILAL

JUDGEMENT

(1.) PETITIONER is the owner of the shop premises bearing M.C. No. 2868-2868/1 of Kalupur, Ward No. 2-B, at Ahmedabad . One deceased Sakarchand Kasturchand was the monthly tenant of the said shop, which is hereinafter to be referred to as "the suit shop". The tenant-Sakarchand was let the suit shop at a monthly rent of Rs. 25/- for business purpose, in 1961, and the tenant was using the suit shop for the purpose of running his coal business.

(2.) THE original tenant-Sakarchand had entered into a partnership with opponent No. 5, Vrujlal Vadilal, from 25th November, 1960, and it was run in the name of "M/s Vrujlal Kiritkumar and Company". Tenant-Sakarchand died on 28th January, 1961. Upon his death, the partnership came to be dissolved. Opponent No. 1, Lilavati, is the widow of deceased-tenant and opponents No. 2, 3 and 4 are the minor children of the deceased-tenant. The landlord was issuing rent receipts in the name of Lilavatiben Ratilal after the demise of the original tenant. Lilavatiben entered into a partnership with opponent No. 5, Vrujlal Vadilal and one Shantilal Chimanlal on 27th January, 1962. The said partnership was started in the name of "M/s Vrujlal Shantilal and Company", giving effect from 13th November, 1961, as the oral partnership had commenced on that date. The original partnership deed between the said three partners was produced in the Trial Court, at Ext. 101. One of the partners, Shantilal, expired on 29.10.1964 and the said partnership continued between Lilavati and Vrujlal. Later on tenant-Lilavati executed a registered document whereby, she transferred and assigned her tenancy rights with goodwill stock-in-trade in favour of Vrujlal Vadilal, on 28.4.1970 in view of the notification issued under Section 15(1) proviso of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("Bombay Rent Act" for short). The said registered document was produced in the Trial Court, at Ex. 98. Thereafter, the erstwhile partner, Vrujlal Vadilal, who came to be in charge of the entire business, stock-in-trade and the goodwill along with the tenancy rights, issued a notice to the landlord, Mr. B. C. Jhaveri, and sent the rent. However, the rent was refused by the landlord. Subsequently, the landlord initiated a legal battle by filing eviction suit, being H.R.P. Suit No. 2781 of 1971, in the Small Causes Court, Ahmedabad, on the grounds of illegal subletting, transfer and assignment, and also on the ground of non-payment of rent for more than six months, impleading tenant- Lilavatiben Ratilal and three minor children and erstwhile partner, Vrujlal Vadilal, as defendants. According to the case of the landlord, defendants No. 1 to 4, Lilavatiben and her three children, were liable for eviction on the ground of illegal subletting, transfer and assignment made to Vrujlal Vadilal, defendant No. 5.

(3.) IN order to appreciate the aforesaid contention, it would be necessary at this stage, to refer the provisions of Section 13(1)(e) and Section 15(1) of the Bombay Rent Act, in the background of the facts of the present case. Under Section 13(1)(e), a landlord shall be entitled to recover possession of the demised premises, if the Court is satisfied that the tenant had, since the coming into operation of the Act, unlawfully, sublet the whole or part of the premises or assigned or transferred in any other manner his interest therein. Under clause (e), the landlord has to prove (i) that the tenant has sublet, assigned or transferred in any other manner his interest in the demised premises; (ii) that it is done after the commencement of the Act; and (iii) that it is unlawful. The tenant incurs liability to eviction under this clause when unlawful subletting is established even on or before the date of the notice. It is not further necessary to show that the subletting should be subsisting at the date of the suit. Thus, any subletting, assignment or transfer made after the commencement of the Bombay Rent Act, if it is found to be unlawful, it is made a ground for eviction