D.C. PARIKH Vs. D. SHANTILAL & CO.

JUDGEMENT

(1.) THE petitioner, defendant No. 5 in H.R.P. Suit No. 332/1976 has preferred the present Revision Application under Section 29(2) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Rent Act") against the judgment and order dated 30th March, 1984 passed by the Appellate Bench, Small Causes Court, Ahmedabad in Civil Appeal No. 197/1979.

(2.) THE plaintiffs, the partners in a partnership firm M/s. D. Shantilal and Co., instituted H.R.P. Suit No. 332/1976 in the Court of Small Causes, Ahmedabad for recovery of possession of the suit premises and for arrears of rent. The plaintiffs claimed that they were the owners of the suit property situated at Ahmedabad bearing Survey No. 44-AB-1-24; that part of the suit property (hereinafter referred to as "the suit premises") was leased to M/s. Signwave Industries in which the defendant Nos. 1 and 2 were the partners. The defendants Nos. 3 and 4 being the partners in the said firm were impleaded by order made below application Exh. 43. The defendant No. 1 had filed Misc. Application No. 1713/1973 for determination of standard rent. By order made on the said application the standard rent of the suit premises was fixed at Rs. 280.00 exclusive of municipal taxes and education cess. The suit premises was leased for commercial purposes. According to the terms of the lease the said defendants were not entitled to use the suit premises for any other purpose or to sublet, transfer or assign the suit premises or any part thereof to any other person; that the said defendants were in arrears of rent since 1st November, 1974; that the said defendants had made permanent construction in the suit premises without the prior approval of the plaintiffs; that the said defendants had sublet or transfer or assign the suit premises to the defendant Nos. 5 and 6. The suit was contested by the defendants by filing written statements Exhs. 58 and 68.

(3.) FEELING aggrieved, the defendant No. 5 preferred Civil Appeal No. 197/1979 before the Appellate Bench, Small Causes Court, Ahmedabad. The lower appellate Court, by impugned judgment and order dated 30th March, 1984, dismissed the appeal. The lower appellate Court held that the trial Court had erred in recording finding with respect to unlawful subletting against the plaintiffs. The lower appellate Court held that the defendants No. 1 to 4 were not in possession of the suit premises and that the defendant No. 5 alone was in possession of the suit premises; that the defendant No. 5 had failed to prove his defence that he was accepted as a partner in the partnership firm by the defendants Nos. 1 to 4. The defendant No. 5 was, therefore, an unlawful sub- tenant in the suit premises. In view of the said finding, the lower appellate Court confirmed the decree for possession passed by the trial Court. Therefore, the present Revision Application.