KUSUMBEN WD O VASANTLAL AMRATLAL Vs. SHRENIKBHAI KASTURBHAI

JUDGEMENT

(1.) This Revision under Sec. 29(2) of the Bombay Rent Control Act, 1947 (for short "the Act") has been filed challenging the order of the Appellate Bench dismissing the Appeal against the Judgment and Decree of the Court of Small Causes granting Decree for eviction of the tenants-revisionists.

(2.) The plaintiffs (opponents herein) filed a Suit for eviction and recovery of arrears of rent against the only defendant Vasantlal Amratlal Dalai, Proprietor of New Rupjyoli Cloth Stores on several grounds including sub-tenancy. The disputed shop was let out to the defendant on a monthly rent of Rs. 225/-. The rent was due since 1.8.1975. It was alleged that the tenant made structural changes of permanent nature in the suit premises, he has constructed stepping stones in the southern portion of the otla of the suit premises and made partition in the suit premises, thereby dividing the suit premises into two shops. These structural changes were against the terms of tenancy. One shop was initially sublet to Vaibhav Terene Centre and the other shop was sub-let to Pushpam. The tenant was derriving profit and recovering rent. Eviction was also sought on ground of personal need of the landlords. After terminating tenancy the suit for eviction was filed.

(3.) The Suit was resisted denying the allegations.