SHAH DALPAT BHUDARSHI Vs. SAIYED BIN MAMAD

JUDGEMENT

(1.) The petitioner herein is the landlord who owns a small shop premises in the nature of a cabin situated on a road known as Shakti Road at Dhragandhra, in Saurashtra. The premises were let out to one Saiyed Bin Mamad (since deceased) on a monthly rent of Rs.5. Respondents nos.1-A and 1-B are the widows of this Saiyed Bin Mamad. The case of the petitioner is that the shop premises though rented to respondent no.1, were subsequently sub-let to respondent no.2 Anopchand Umedchand. The petitioner therefore filed Civil Suit No.201 of 1976 in the court of the Civil Judge (JD) at Dhragandhra seeking a decree of eviction against the respondents. The decree was sought on the ground of sub-letting as well as on the ground of arrears of rent.

(2.) The learned trial judge who heard the matter came to the conclusion that the ground of arrears of rent for more than six months as required under section 12(2) under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, (hereinafter referred to as the Bombay Rent Act) was not established. He however came to the conclusion that the ground of subletting available to the landlord under section 13(1)(e) of the Bombay Rent Act was established. He therefore by his judgement and decree dated 31.8.1981 decreed the suit for eviction on that ground.

(3.) Being aggrieved by that judgement and order, the respondents herein preferred an appeal being Regular Civil Appeal No.89 of 1981 which was heard by the learned District Judge, Surendranagar. The learned appellate Judge came to the conclusion that the ground of subletting was also not established and hence he allowed the appeal and set aside the decree passed in favour of the petitioner herein by his judgement and order dated 21.9.1982. Being aggrieved by that judgement and order this petition has been filed which came to be admitted on 15.4.1983.