DHARAMDAS MANGILAL JAIN Vs. SHRIKUWAR

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, since the coming into operation of the Bombay Rents, Hotel and Lodging House Rates Control Act, had unlawfully sublet 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 to the area in the year 1969. Thus the sub-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 tenants. The plaintiff served the notice of termination of that tenancy on Dec. 20, 1971, infer 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 filed 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 Dec. 1969. Holding that as the sub-letting was in 1968, the provisions of cl.(e) of sub-sec.(1) of S.13 of the Bombay Rent Act were not attracted, the appeal Court vacated the trial Court's decree.