DADABHAI DOSABHAI GAYWALA Vs. SAVITABEN

JUDGEMENT

(1.) These two revisions arising out of the same judgment and decree of the lower Appellate Court are proposed to be disposed of by common judgment.

(2.) Rent Revision No. 950 of 1983 has been filed by there persons who were alleged by the landlord to be subtenants of the tenant in chief. Revision No. 863 of 1983 has been filed by the tenant in chief defendant.

(3.) Brief facts giving rise to this revision are as follows : In the year 1961, under rent note, the disputed accommodation consisting of ground floor and first floor was let out to the defendant No. 1 on monthly rent of Rs. 40/-. The defendant No. 1 was in arrears of rent exceeding six months. Hence, notice of demand dated 7.11.1996 was issued. Notice was served but it was not complied with, it was alleged that defendant No. 1 had illegally sublet, assigned or transferred part of the suit premises viz., first floor to the defendants No. 2 to 4. Another allegaion was that the defendant No. 1 has given part of the premises on licence with monetary consideration to defendants No. 2, 3, and 4. He was charging rent in excess of standard rent from the defendants No. 2, 3 and