KISHOR TEXTILES Vs. BHAVSAR RATILAL MOTILAL

JUDGEMENT

(1.) This revision is directed under section 29(2) of the Bombay Rent Control Act against the judgment and decree of the lower Appellate Court granting decree for eviction of the revisionists after reversing the judgment and decree of the Trial Court on this point.

(2.) The brief facts giving rise to this revision are as under : The plaintiffs-respondents No. 1 and 2 filed suit for eviction of the revisionists on various grounds. Initially eviction was sought only on the ground of tenant being in arrears of rent for a period exceeding six months and not paying the same after service of notice of demand within a period of one month thereof. Subsequently on 15.12.1975 by getting the plaint amended the landlords sought eviction of the revisionists on two more grounds viz. for committing breach of the terms of tenancy and for causing damage to the tenanted accommodation by raising permanent structure. Again on 15.11.1976 another amendment was sought by virtue of which the landlord alleged that the defendants No. 4, 5 and 6 were sub let the tenanted accommodation by the defendant No.2.

(3.) The suit was resisted by the revisionists denying all these allegations.