MANJIBHAI SHAMJIBHAI Vs. NATRAJ THEATRE

JUDGEMENT

(1.) .This revision under Sec. 29(1) of the Bombay Rent Control Act, 1947 has been filed by the revisionist-defendant No. 2 challenging concurrent finding of the two Courts below treating him sub-tenant of the defendant No. 1 - respondent No. 2 of this Civil Revision Application.

(2.) The brief facts are that Natraj Theatre respondent No. 1 is the owner and glandlord of the disputed premises consisting of stall, some open space and room. It was let out to Gujarat Bottling Company Private Limited - defendant No. 1. The allegation of the plaintiff-respondent No. 1 was that respondent No. 2 had illegally sub-let, assigned or transferred in any manner the disputed accommodation to the revisionist-defendant No. 2 and on this count the eviction of the tenant-in-chief as well as sub-tenant was sought. In addition to this, eviction was also sought on the ground that the tenant-in-chief was in arrears of rent for more than six months and he did not pay the same within a month of service of notice of demand.

(3.) The case of the defendant No. 2 in the trial Court was that he is not subtenant nor the disputed premises has been assigned or transferred to him by the tenant-in-chief, rather, he is licensee from the owner landlord. It appears that during the pendency of the suit pursish Exhibit 20 was given by the tenant-inchief stating therein that he had sub-let the suit premises to the defendant No. 2, viz., the revisionist.