K W KALAN Vs. LABHKUWAR B SHAH

JUDGEMENT

(1.) The petitioner in the above Special Civil Application under Article 227 of the Constitution of India claimed to be a lawful sub-tenant in a suit filed by respondents Nos. 1 to 3 against defendant No. 1 Janardan Mahadeo Kalan, who was 89 years age, when the suit was filed, and the petitioner Kashinath Waman, as defendant No. 2 on the ground that the plaintiffs reasonably and bona fide required the suit premises for their occupation under section 13(1)(g) read with section 13(2) and also on the ground that defendant No. 1 had unlawfully sub-let the suit premises consisting of a godown described as one Gala to the north bearing Municipal House No. 99-141 at Pen Bazar, Taluka Pen, District Kolaba, within the meaning of section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947.

(2.) The case of the petitioner was that he was a lawful sub-tenant in the suit premises as he was sub-let the suit premises in March 1959 before Ordinance No. III of 1959 came into force on May 21, 1959, and he was therefore, protected under section 15(2) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act 1947. Defendant No. 1 fully supported the case of the petitioner. Even the only witness examined on behalf of the plaintiffs Dhirajlal Bhagwanji Shah, son of plaintiff No. 1 admited that the plaintiffs were residing in the very building where the suit godown was situated; and that defendant No. 2 was occupying the suit premises from March 1959.

(3.) On behalf of defendants, defendants No. 1 was examined on Commission; and defendant No. 2 gave evidence producing extracts of his account-books and four receipts dated March 16, 1959, May, 1959, June 17, 1959 and July 20, 1959 signed by defendant No. 1 as received rent of the suit premises which were admitted by having him to be in the possession of defendant No. 2 from March 1959.