JETHANAND KIKAMAL Vs. RAMKRISHNA JETHANAND

JUDGEMENT

(1.) In this Civil Revision Application the petitioner is the original defendant and the opponents are the original plaintiffs. Plaintiffs are the owners of a building situated at Baroda and the petitioner is a tenant occupying premises consisting of ground-floor where a shop is situated and residential premises on the first and second floors where the tenant is residing. The plaintiffs filed the suit on the ground of reasonable and bona fide requirement under sec. 13(1)(g) of the Bombay Rents Hotel and Lodging House Rates (Control) Act 1947 The defendant contended that the premises were not reasonably and bona fide required by the landlords. The landlords wanted the tenant to vacate the entire portion viz. the shop on the ground-floor and the resident in accommodation on the two upper floors. The suit was tried by the learned 5th Joint Civil Judge (Junior Division) Baroda and he decreed the plaintiffs suit partially. He decreed the suit so far as the premises of the shop on the ground floor were concerned and dismissed the plaintiffs suit so far the first and second floors of the building were concerned. Against this judgment and decree of the learned trial Judge both the sides went in appeal. Both these appeals were heard together and by a common judgment the learned Assistant Judge Baroda who heard the appeals dismissed the tenants appeal with costs and allowed landlords appeal and decreed the suit entirely in favour of the landlords. It is against this judgment and decree of the learned Assistant Judge that the present Civil Revision Application has been filed.

(2.) Mr. Parikh appearing on behalf of the petitioners urged the following four points at the hearing of the Civil Revision Application; (1) that the tenant was protected under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act 1954 (2) that the Court constituted under the Bombay Rents Hotel and Lodging House Rates (Control) Act 1947 had no jurisdiction to deal with the matter; (3) that the learned Assistant Judge had erred in considering the balance of convenience instead of considering balance of hardship as he was required to do and lastly (4) that the notice to quit was waived by the landlords by acceptance of rent after the tenancy had been terminated by the notice to quit.

(3.) Taking up the 4th point first it is clear in the light of the judgment of the Supreme Court in Cthat this contention is not tenable. In that case Shah J. who delivered the judgment of the Supreme Court relied upon a passage from the Judgment of B.K. Mukherjee J. in Kai Khushroo v. Bai Jerbai A. I. R. 1949 FC 124 and the passage is in these terms: