SUGARABIBI, ABDULLA ABDULKARIM Vs. ABDULKARIM ABDUL REHMAN PRIOMUSWALA

JUDGEMENT

(1.) Mr.Nagin N.Gandhi, learned counsel for the appellants. None for the respondent, though name of Mr.E.E. Saiyed, learned counsel is shown in the Daily Board.

(2.) The appeal has been admitted for hearing on the following substantial question of law;

(3.) Short facts necessary for disposal of the present appeal are that the plaintiffs filed the suit inter-alia submitting that a room belonging to the plaintiffs, was given to the respondent on licence, as he was working as a domestic servant with them. The plaintiffs further say that the defendant, while continuing in the services, started work of repairing of kerosene stoves / premier stoves and after some time, left the job and devoted himself to the business of repairs of the stoves. The plaintiffs, thereafter, demanded vacant possession of the premises, but the defendant did not concede to the request. It appears that subsequent to filing of the suit, the defendant made an application to the Municipality that his name be recorded as tenant being occupier in the said premises, the said application was granted and as on today at least from the date of the entry in the register, the defendant is shown to be a tenant. The defendant appeared in the matter and contested the suit on various grounds submitting inter-alia that he was paying the rent and was not a licensee and under the circumstances, the Civil Court would have no jurisdiction because of the applicability of the Rent Act.