NARANDAS MANILAL Vs. RATANBAI HARIDAS SINCE DECD

JUDGEMENT

(1.) The question involved in the present appeal is whether the Pujari occupying the suit premises by virtue of his service as a Pujari can be held to be a tenant either under the Transfer of Property Act or can he claim any protection under the Bombay Rents Hotel Lodging House Rates Control Act 1947

(2.) The original defendant the licensee of the suit premises has filed the present appeal against the impugned judgment and decree passed by the learned District Judge Jamnagar in Regular Civil Appeal No. 178 of 1971 which arose out of the judgment and decree passed by the learned Civil Judge (Junior Division) Khambhalia in Regular Civil Suit No. 12 of 1970 whereby the learned trial Judge dismissed the respondents-plaintiffs suit with costs. Being aggrieved by the said judgment and decree passed by the learned trial Judge an appeal was filed by the respondents- plaintiffs and that appeal was allowed by the learned District Judge with costs.

(3.) It is under these circumstances that the present second appeal is filed in this Court.