DHARAMDAS MANGILAL JAIN Vs. SHRIKUWAR PENNALLA MUTHA

JUDGEMENT

(1.) This is the landlord's petition, whose suit was decreed by the Third Additional Small Causes Court, holding that defendants Nos. 1 and 2 were not in need of the suit premises and the landlord was entitled to possession because the tenant, sirce the coming into operation of the Bombay Rents, Hotel and Lodging House Rates Control Act, had unlawfully sub-let the tenanted premises, being House No. 319, situated in Kirkee, the Cantonment Area of Poona Town. That decree was, however, set aside in appeal by the District Court, Pune, holding that the sub-letting was in the year 1968 and the provisions of the Act were applied 10 the area in the year 1969. Thus, the bub-letting was not unlawful.

(2.) That order vacating the decree by the appeal Court is challenged in the present petition.

(3.) The facts not in dispute and as found are that the suit premises were tenanted to defendants Nos. 1 and 2 as monthly tenant. The plaintiff served the notice of termination of that tenancy on December 20, 1971, inter alia, on the ground that the tenanted premises were entirely sub-let by defendants Nos. 1 and 2 in favour of defendant No. 3. In the appeal Court, a Purshis was field that defendant No. 3 was put in the occupation of the suit premises as a sub-tenant in 1968. The appeal Court has found that the provisions of the Bombay Rent Act were made applicable by a Notification to the Cantonment Area as from December 1969. Holding that as the sub-letting was in 1968, the provisions of clause (e) of subsection (1) of section 13 of the Bombay Rent Act were not attracted, the appeal Court vacated the trial Court's decree.