SHETH FAKIRBHAI DHAGUBHAI Vs. JASHBHAI SHIVABHAI PATEL

JUDGEMENT

(1.) The petitioners filed HRP Suit No. 2157 of 1972 against the respondents in the Small Causes Court Ahmedabad for the recovery of demise premises contending that tenants have committed breach of the terms of tenancy and that they have unlawfully sub-lot part of the demise premises to other sub-tenants and they are profiteering. Petitioners are thus the original plaintiff and the owners of one open land bearing Survey No. 70/A/1 corresponding to final plot No. 443 situated in village Acher Sabarmati Ward Ahmedabad District (Rural) and the respondents are the original defendants-tenants. Parties for the sake of convenience are hereinafter referred to as landlords and tenants.

(2.) The suit premises has been let to the tenants at a monthly rent of Rs. 275 plus taxes. The landlords inter alia contended in the suit that suit premises were given to the tenants to carry on the business. However they have Sub let the part of the suit premises to various tenants in contravention of the terms of the tenancy. It is also the case of the landlords that the tenants during the pendency of the suit and appeal have induced 6 to 7 more persons in the demise land and they are charging rent from them and making huge profit. The tenants appeared and resisted the suit for recovery of the demise premises. They denied the allegation of contravention of the terms of tenancy and i.e. sub-tenancy and also the allegation of arrears of rent. The defendants case was that agreed rent is excessive and therefore the standard rent should be fixed. The defandant No. 2 in his written statement also contended that he and defendant No. 1 had taken the demise land on lease in partnership. He is separated from the partnership business on 31.1.1972 and all liabilities concerning the suit land are accepted by the defendant No. 1 and he had informed the plaintiff regarding that under letter dated 5.2 His contention was he should not have been impleaded as a party since he is no more interested in the suit land.

(3.) Having regard to the facts and circumstances and the pleadings of the parties issues were raised by the Trial Court. On facts and circumstances and the evidence on record Trial Court found that defendants are in arrears of rent. Though standard rent was fixed the defendants are not entitled to get the time for payment of arrears of rent as they have committed breach of the terms of tenancy. It also found that the defendants have made construction of permanent nature in the suit land in contravention of the terms of tenancy. Trial Court also held that defendants have sub-let the suit land unlawfully and plaintiffs are therefore entitled to recover the possessions from the defendants. The standard rent came to be fixed at Rs. 275 plus municipal taxes and full education case.