BAI LILABEN ALIAS RAMBHABEN Vs. RAMANLAL MANEKLAL SHAH

JUDGEMENT

(1.) The petitioner has challenged the legality and validity of the eviction decree passed by the trial court on 28.1.1976 and confirmed by the Appellate Bench of the Small Causes Court Ahmedabad in Civil Appeal no. 86 of 1976 by taking recourse to the provisions of Section 23(2) of the Bombay Rent Hotel and Lodging House Rates Control Act 1947 (the Rent Act for short).

(2.) The petitioner is original defendant no. 1 and the respondents are the original plaintiffs. The plaintiffs filed HRP suit no. 2975 of 1970 against the petitioner on the grounds of arrears of rent sub-letting and permanent construction. The trial court passed the decree for possession on the ground of non-payment of rent under Section 12 of the Rent Act. Decree was not required to be passed on the ground of permanent construction in the demised premises as the said ground was not pressed. The trial court decided against the plaintiff-landlords insofar as the ground the sub-letting was concerned.

(3.) Being dissatisfied by passing of the ejection decree on the ground of non-payment of rent under Section 12(3)(b) the tenant carried the matter further by filing Civil Appeal No. 86 of 1976 before the Appellate Bench of the Small Cause Court Ahmedabad. The appeal came to be dismissed with costs. The Appellate Bench confirmed the judgment and decree of the trial court with little modifications on 21.12.1978. Being aggrieved by the judgment and decree of the Appellate Bench the tenant has come before this court by filing this revision questioning its legality and validity under Section 29(2) of the Rent Act.