SHAMS ABBAS CHINWALA Vs. SAKINA MUNIR BASRAI

JUDGEMENT

(1.) The petitioner herein is the present landlord of house property known as Ruby Terrace situated at Haidarali Kasamji Street in the Jhampa Bazar area of city of Surat. The first floor of this property was let out by the father of the petitioner way back in the year 1947 to one Abbas Ali Karachiwala. This Abbas Ali Karachiwala with his wife Zainub bibi and their only child - a daughter named, Sakina resided in this premises. Sakina got married with one Munir Basarai in the year 1968. Abbas Ali died at the ripe age of about 92 years on 8.10.1972. Zainub bibi was suffering from paralysis for a period of over 15 - 20 years and she died two years later on 14th October 1974.

(2.) The petitioner-landlord filed a suit being Suit No.528 of 1976 on 14.6.1976 in the court of Small Causes at Surat against the above referred Sakina (Respondent NO.1 herein) contending that she had no business to remain on the suit premises and that she be evicted. Respondent no.2 herein was also joined in that suit right at the outset and it was contended that the premises have been illegally sublet to him by respondent no.1 and he is carrying on the business of serving meals at the said premises. The defence of the respondents was that the respondent no.2 - one Akbar was only a servant staying in the suit premises right from the time of old couple. The Respondents therefore denied the allegation contained in the plaint. They filed common written statement and pleaded protection for respondent no.1 under the provisions of Section 5(11)(C) of the Bombay Rents, Hotel and Lodge House Rates (Control) Act, 1947 (hereinafter to be referred to as the Bombay Rent Act).

(3.) There were various points on which the parties contested the matter and hence, the learned trial judge framed the following issues:-