NITINKUMAR SAKALCHAND SHAH Vs. CHANDRAHAS PUNJALAL PARIKH

JUDGEMENT

(1.) The petitioners have assailed the judgment and decree for eviction recorded by the Courts below on the grounds of sub-letting, transfer and assignment of the demise premises, under Sec. 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('Bombay Rent Act') and also on the ground of acquisition of suitable alternative accommodation by tenant, under Sec. 13(1)(l) of the Bombay Rent Act, by invoking powers under Sec. 29(2) of the Bombay Rent Act.

(2.) The conspectus of relevant material facts may be articulated at the outset. The respondents instituted a legal battle by filing H.R.P. Suit No. 874 of 1983 against the petitioners to recover possession of the demise premises on the following three grounds : (i) arrears of rent from 8-12-1980; (ii) acquisition of suitable alternative accommodation; (iii) sub-letting, transfer or assignment of the demise premises.

(3.) The demise premises are consisted of one room and one kitchen bearing Municipal Census No. 1302/3 situated in the city of Ahmedabad. One deceased Sakalchand was let the demise premies in 1957 at the monthly rent of Rs. 20.00 by virtue of rent note Ex. 17. Original tenant Sankalchand died on 12-7-1982. Notice of eviction Ex. 19 was given on 4-1-1983. Reply to the said notice was given which is at Ex. 20. Eviction suit came to be filed in the Small Cause Court at Ahmedabad on 9-3-1983 on the aforesaid three grounds. The petitioners are the original defendant Nos. 1 and 2 and respondents are the original plaintiffs. Therefore, they are referred to as plaintiffs and defendants for the sake of convenience and brevity.