DILIPKUMAR SOMABHAI PATEL Vs. J K AMIN

JUDGEMENT

(1.) On 23.06.2014, following order was passed : -

(2.) Both these Revision Applications call in question the common judgment and order dated 25th February, 2005, passed by learned Joint District Judge, Fast Track Court No. 5, Bharuch. By the said judgment, Regular Civil Appeal No. 49 of 2003, as well as Regular Civil Appeal No. 51 of 2003 preferred by the tenant and sub -tenant respectively came to be allowed. Those civil appeals were filed against the decree of eviction passed by the Trial Court on the ground of Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, directing the present respondents -defendants to hand over the possession of the suit premises.

(3.) The rented premises was part of the property situated at survey Nos. 1518, 1519, 1500 and 1521, known as "Harikunj". The whole of the said property was owned by the applicants -landlord, out of which, the let out portion admeasuring 68 sq. feets -North -South and 44 sq. feets East -West and mezzanine floor admeasuring 44 x 20 sq. feets, totaling area admeasuring 3872 sq. feets. Defendant No. 1 was a partnership firm, and defendant Nos. 1/1 to 1/3 were its partners. The defendant -tenant firm was having a dealership and agency of Bajaj Auto Limited Company. The rented premises was used as a show -room.