JAYANTILAL NARANDAS Vs. INDRAVADAN MAGANLAL

JUDGEMENT

(1.) This is tenants revision under Sec. 29(2) of the Bombay Rent Act, 1947.

(2.) . The respondents No. I and 2 being landlords of the premises in dispute filed Civil Suit for eviction of the revisionists on the ground of subletting. It was not an isolated act of subletting but there was specific allegation that there were series of sublettings. First subletting was to Miyam Mohammed Ibrahim Panwala of a portion of tenanted accommodation over which he was put in exclusive possession and Rs. 5/- per day were charged as rent from the said Sub-tenant. There was second subletting when the entire premises was allegedly sublet to Arvindlal Ishwarlal on Rs. 300/- per month. Third subletting seems to have come into existence during the pendency of the suit, when Babubhai Bhelwala was inducted as Sub-tenant in the entire premises and Rs. 200/- p.m. were charged from him. The tenancy was determined by a notice. The premises was not vacated by the tenant and the sub-tenant, accordingly a suit for eviction was filed.

(3.) . The suit v/as resisted by the defendants denying that the standard rent was Rs. 28/- p.m. on which the premises was let out. According to the defendant No. 1 the agreed rent was Rs. 251- p.m. which was enhanced to Rs. 28/- p.m. He denied his liability to pay rent at the enhanced rate. The allegation of the sub-tenancy was also denied. It was a specific case that the defendant No. 2 was kept in the premises as servant for running hotel by the defendant No. 1.