NANDLAL GOVERDHANDAS AND CO Vs. SAMRATBAI LILACHAND SHAH

JUDGEMENT

(1.) A question of law which has become interesting on the peculiar facts of this case has been raised in this position. This is a petition under Article 227 of the Constitution of India arising out of proceedings initiated by the respondent in this petition under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (hereinafter referred to as "the Bombay Rent Act."). The respondent is the landlady of a building bearing House No. 850 and situated at Budhwar Peth at Pune. The petitioners are the tenants of two rooms bearing block Nos. 2 and 3 which were subsequently amalgamated. Block No. 2 was taken on lease in the year 1933 and Block No. 3 was taken on lease in the year 1943. The first petitioner is a partnership firm of which the other petitioners are the partners.

(2.) The building was originally owned by the husband of the respondent who during his lifetime on 31st of January, 1944 executed a Will bequeathing the house in which the premises tenanted by the petitioners. (hereinafter referred to as "the suit premises") are situated in favour of the respondent. This was one only of the other proportions which were bequeathed by the respondents husband to the respondent. In the year 1949 the respondents husband died and, therefore, the respondent became the full owner of the property.

(3.) At this stage it may be mentioned that apart from the widow-respondent Lilachand the respondents husband left behind him two sons and two daughters. Two daughters are married and are not in the picture as far as this litigation is concerned. Similarly, one son also does not figure in this litigation. The other son called Ramanlal, who was 10 years old at the time when the respondents husband executed the Will, is the central figure in this litigation.