PITAMBER PARSHOTAM Vs. LILABEN BHALCHANDBHAI

JUDGEMENT

(1.) This is the revision application under sec. 29(2) of the Bombay Rent Act by the owners of business premises at Rajkot who have thrown all moral and ethical standards to wind for the purpose of their selfish ends and had it not been for jurisdictional difficulty raised by them I would have happily rejected their revision application.

(2.) A few facts requires to be stated. These applicants-landlords had filed in the competent rent court of Rajkot a Regular Civil Suit No. 298 against the deceased tenant Bhaichand Virchandbhai whose three sons opponents Nos. 1 2 and 3 are his heirs and legal representatives. The said suit filed by the applicants-landlords in the court of the Civil Judge Senior Division Rajkot was for possession of the tended property godown 22x 8.2 on the ground that the premises were reasonably and bona fide required by them for carrying out the repairs which could not be carried out without the premises being vacated. The suit was filed on 31 March 1971 On 27th April 1971 the parties entered into compromise which is Ex. 39. Ex.38 on the record of the present proceedings is the plaint in that suit. As per the compromise Ex. 39 the landlords agreed that the deceased Bhaichand Virchandbhai was continued to be a tenant of the premises; that he continued to be in possession of the premises; that the landlords were permitted entry on the rented property for the purpose of effecting demolition and reconstruction of the premises to be completed by them within the six months i.e. by 31st October 1971 that if the landlords failed to reconstruct the property within that stipulated time the tenant-Bhaichand Virchand was at liberty to get the work completed at the cost of the landlords and that the rent for the premises was to be paid by the tenant at the rate of Rs. 50/per month on and from 1971 The learned Judge before whom the compromise Ex. 39 was presented passed the following order:-

(3.) Sec. 16(3) which is material for our purpose is quoted below:-