MANCHHARAM SOBHRAJ Vs. JAMNADAS MULCHAND

JUDGEMENT

(1.) The plaintiffs who are the landlords filed against the defendants Nos. 1 and 2 the present suit for recovering possession of the suit premises which consist of a shop situate at Kodinar in the District of Amreli. The plaintiffs alleged against the defendants three grounds of eviction. The first ground was that they require the suit premises reasonably and bona fide for their occupation. Secondly they alleged that the defendant No. 1 was in arrears of rent for more than six months. Thirdly they alleged that the defendant No. 1 their tenant had unlawfully sub-let the suit premises to the defendant No. 2.

(2.) The learned Trial Judge negatived all the grounds of eviction alleged by the plaintiffs against the defendants and dismissed the suit on merits.

(3.) The plaintiffs appealed to the District Court. The learned District Judge negatived two of the three grounds of eviction alleged by the plaintiffs but upheld the plaintiffs contention that the defendant No. 1 had unlawfully sub-let the Suit premises to the defendant No. 2. In that view of the matter the learned District Judge allowed the appeal and passed in favour of the plaintiffs decree for possession.