JETHALAL HARIDAS Vs. GANDHI MATHURDAS PRANJIVAN

JUDGEMENT

(1.) IN both these Second Appeals common substantial question of law framed by the learned Single Judge of this Court while admitting the present Second Appeal is whether the provisions of Bombay Rent Act were applicable to the village Suraj-Kardi or not.

(2.) HAVING gone though the judgement and order passed by both the courts below it appears that there are concurrent finding of facts by both the courts below that at the relevant time as per Census of 1971, population of village Suraj-Kardi was 2852 i. e. less then the prescribed limit of 5000.

(3.) UNDER the circumstances, when the population of the village Suraj-Kardi was less than the prescribed limit of 5000, the provisions of Bombay Rent Act would not be applicable to village Suraj-Kardi. Under the circumstances it cannot be said that both the courts have committed any error in holding that the provisions of the Bombay Rent Act were not applicable at the relevant time to the village Suraj-Kardi. No other submissions have been made.