MALANGBHAI GABUBHAI Vs. DHANKORBEN WD O JINABHAI ZAVERBHAI

JUDGEMENT

(1.) This litigation represents the grossest abuse of the protection given by the Bombay Rents Hotel and Lodging House Rates control Act 1947 (Bombay Act No. LVII of 1947) (hereinafter referred to as the Bombay Rent Act) to the tenants. The facts of the case briefly stated are as under.

(2.) Landlord Malangbhai filed Regular Civil Suit No. 377 of 1958 against tenant Thakorebhai in the Court of the Civil Judge (Junior Divi- sion) at Baroda for recovery of possession of the suit premises on the ground that he requires them reasonably and bona J5de for their personal occupation. That suit was filed on 10th April 1958. On 22nd June 1959 consent decree was passed under which tenant Thakorebhai was given five years time to vacate the suit premises. That period ended on 22nd June 1964 Execution application was filed by the landlord to execute the con- sent decree for possession because on the expiry of five years period tenant Thakorebhai did not vacate the suit premises and hand over posses- sion thereof to landlord Malangbhai. The resistance by tenant Thakorebhai to the execution proceedings took that matter to the district Court and also to the High Court. He ultimately failed in those proceedings and the decree was ordered to be executed. Thereafter tenant Thakorebhai himself filed against landlord Malangbhai Regular Civil Suit No. 855 of 1964 for a declaration that consent decree passed against him in Regular Civil Suit No. 377 of 1958 was a nullity because it was obtained by landlord Malangbhai by fraud. the trial Court dismissed that suit. Tenant Thakorebhai preferred an appeal against that decree to the District Court. It was dismissed. Thereafter Pravinchandra son of Thakorebhai filed against landlord Malangbhai a civil suit for a declaration that he has been the tenant of the suit premises and that the consent decree passed against Thakorebhai was not binding on him. That suit was also dismissed. Thereafter Dhankorben mother of tenant Thakorebhai and Chandrkantaben Thakorebhais wife filed the present suit for a declaration that consent decree passed against Thakorebhai does not bind them and that they are the tenants in respect of the suit premises. That suit-Regular Civil Suit No. 529 of 1967 was filed on 18th April 1967. On 9th December 1971 the learned trial Judge dismissed the suit on merits. Dhankorben and Chandrakantaben filed appeal to the District Court against that decree. In that appeal an application was made by Dhankorben and Chandrakantaben praying for leave to amend the plaint by joining original tenant Thakorebhai as a party. The learned appellate Judge allowed that application ordered tenant Thakorebhai to be joined as a party set aside the decree passed by the learned trial Judge and remanded the suit to the trial Court for a fresh trial. He also issued interim injunction restraining during the pendency of the proceedings before the trial Court after remand landlord Malangbhai from proceeding further with the execution application and recovering possession of the suit premises.

(3.) It is that order of remand which is challenged by landlord Malang- bhai in this revision application.