BUDHMAL KHUSHALCHAND Vs. BANSILAL GULABCHAND AGARWAL

JUDGEMENT

(1.) This petition by the original plaintiff is directed against the decree passed by the learned Assistant Judge, Dhulia, in Civil Appeal No. 6 of 1973 from decree dated 23rd November, 1972 passed by the trial Court in Regular Civil Suit No. 387 of 1970.

(2.) Original proceedings were under the Bombay Rents, Hotels and Lodging Houses Rates Control Act, 1947. The suit premises were originally leased to one Gulabchand Agarwal, who died sometime in 1965-66 leaving behind him three sons Bansilal, Rupchand and Javarilal. Plaintiffs filed the instant suit against said three sons for possession of the suit premises on the ground of arrears of rent and also on the ground that the heirs were not entitled to the tenancy right as provided under the provisions of the Bombay Rent Act. The suit was decreed.

(3.) Appeal against the said decree by the original defendant No. 3, Bansilal, was partly allowed by the learned Assistant Judge. In appeal, the suit for possession was dismissed, standard rent of the suit premises was fixed at Rs. 12.58 per month plus education cess payable according to law. Hence this petition under Article 227 of the Constitution.