SUGRABI Vs. CAVAS NAVROJI PATEL

JUDGEMENT

(1.) These two petitions arise out of the suit filed by Cavas Patel and another-the petitioners in Writ Petition No. 2744 of 1978, hereinafter referred to as Patel, against twelve defendants for possession of a property described as City Survey No. 307-A/4A-A on Shivaji Road in the City of Nasik. This property is also known as Municipal House No. 1370-I. In the judgment, hereinafter the property would be referred to as House No. 1370(1) in Patel Colony in which this house is situated.

(2.) It was the plaintiff Patels contention that this property was originally let out to Abdul Hussein Adamji Bohori and Roshanalli Badruddin Bohori by a registered lease which was to commence on 1st January, 1954. That lease was for the period of three years and would have expiry on 31st December, 1956. However, before expiry of the lease period, Roshanalli, who was co-tenant of Abdul Hussein, surrendered his rights in the lease-hold and left and vacated the premises in question. After the expiry of lease period Abdul Hussein became a statutory tenant of Patel.

(3.) It is then the contention of the plaintiff Patel that this Abdul Hussein also on 31st Match, 1961 surrendered his tenancy right in the property in question. Thereafter, with effect from 1st April, 1961 Patel rented out those premises to Mohamed Hussein Abdul, who happened to be the son of Abdul Hussein Adamji. Mohamed Hussein was defendant No. 1 in that suit and according to Patel, the other defendants viz., defendant Nos. 2 to 12 were sub-tenants introduced by Mohamed Hussein subsequent to his entry in the premises on 1st April, 1961. Those persons, according to Patel, were unlawful sub-tenants and were not entitled to protection of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the "Bombay Rent Act"). A number of other contentions and grounds to recover possession from Mohamed Hussein, who was tenant from 1st April, 1961 were raised. That the sub-tenants to whom the premises have been let out by Mohamed Hussein, according to Patel, disentitled to continue in possession of the premises and were liable to be evicted under the provisions of the Bombay Rent Act. Among these contentions were that Mohamed Hussein was profiteering by sub-letting to these defendants and some of the defendants had altered the use for which the premises were leased out and were using the same for the purpose other than the purposes ; that they have erected permanent construction without the consent of the landlord. That some of the sub-tenants have also acquired suitable alternate residential accommodations and were also not entitled to remain in possession. It was also contended that the first defendant had not paid the rent from 1st April, 1965 to October 1970 and also not paid the education cess and other dues from him.