VANKAR KALABHAI DHULABHAI Vs. PANCHAL SUBHADRABEN RATILAL

JUDGEMENT

(1.) THE applicant herein is aggrieved by judgment and decree passed by learned 5th Additional District Judge, Sabarkantha, at Himmatnagar, dismissing his Civil Appeal NO.08 of 2008, and thereby confirming judgment and decree passed by learned Principal Civil Judge, Bhiloda, in Civil Suit No.02 of 2002, requiring the applicant to vacate the premises.

(2.) THE applicant herein is the tenant -original defendant, who has therefore invoked jurisdiction of this Court by filing the present Revision Application under Section 29(2) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947.

(3.) IT was on two grounds of arrears of rent and sub -letting that the respondent -landlord initiated the suit for possession of the premises. The plaintifflandlord was the owner of shop No.2 situated in the market in Govindnagar area opposite the bus stand at Bhiloda. The said shop was rented to the applicant on monthly rent of Rs.103/ -. The plaintiff prayed for eviction decree where one of the grounds pleaded was that the suit premises were sub -let to one Keshubhai Javansingh Parmar at monthly rent of Rs.200/ - for doing business of printing press. The suit was resisted by the defendant -tenant by filing written statement at Exhibit 13 denying the case of the plaintiff -landlord. Issue No.7 framed by the trial court was with regard to sub -letting. The said ground was held proved and decree for eviction came to be passed by the trial court, mandating the tenant to hand over the possession of the suit shop within one month. As noted, the first appellate court concurred with the findings and conclusions of the trial court and endorsed to the decree.