HARAKCHAND HIRJI SHAH Vs. VASUDEV VAGHJI RELAN

JUDGEMENT

(1.) Rule, returnable forthwith, by consent.

(2.) The present civil revision application challenges the order passed by the Small Causes Court in R.A.E. and R. Suit No. 5105 of 1977 as well as the order of the appeal Court in Appeal No. 50 of 2000.

(3.) The applicants claim to be the tenants of Respondents-plaintiffs. The applicant filed a suit namely R.A.D. Suit No. 2325 of 1977 for a declaration and injunction against the Respondents. Another suit being R.A.E. and R Suit No. 5105 of 1977 for eviction of the applicants from the suit premises was filed by the Respondents. The eviction suit was mainly filed on the ground that applicant No. 1 who was the tenant had sublet the premises to applicant Nos. 2 and 3 without the permission of the landlord. The other ground for ejectment was that applicant No. 1 was in arrears of rent. The plaint was later amended and an additional ground for eviction was pleaded, that the applicant No. 1 had acquired a suitable, alternate accommodation. Common evidence was led in both the suits. The trial Court decreed both the eviction suit on 13-1-2000 and dismissed the Applicant's suit. The applicants, therefore, preferred two appeals. The Appellate Court set aside the judgment of the trial Court in the suit filed for a declaration and injunction and dismissed the suit. However, the judgment and order of the trial Court in the eviction suit was confirmed by the Appellate Court. The eviction decree passed on the ground of non-user of the suit premises was set aside. However, the decree was confirmed on the ground of subletting and acquisition of suitable alternate accommodation by the applicants.