LAWS(GJH)-1998-8-76

DALWADI HARILAL DEVJI Vs. MISTRYMULJI DAMJI

Decided On August 14, 1998
Dalwadi Harilal Devji Appellant
V/S
Mistrymulji Damji Respondents

JUDGEMENT

(1.) THIS is tenant's revision under Sec. 29(2) of the Bombay Rent Act (for short "the Act").

(2.) BRIEF facts giving rise to this revision are as under : The plaintiff respondent filed Suit for eviction of two defendants on the grounds of alleged sub-letting of the suit accommodation by the defendant No. 1 to the defendant No. 2 and also for non-user of the suit accommodation for a continuous period of six months before institution of the Suit and lastly that the premises was reasonably and bona fide required by the landlord respondent for his personal use.

(3.) THE suit was contested by the defendants through joint written statement denying these allegations. They pleaded that the shops were not genuinely and bona fide required by the respondent landlord for his personal use. It was also denied that the defendant No. 1 had sub-let the shop to the defendant No. 2. On the other hand it was pleaded that the defendant No. 1 took suit premises on lease for joint family business as Karta of the joint family. The defendant No. 2 being member of the joint family cannot be said to be sub- tenant. On the other hand it was pleaded that the defendant No. 2 has also become tenant. Allegation of non-user was also denied.