DHAUSUBI MOHAMED PASHA SAHEB Vs. SHAHJAHAN MUSTAQE DHOLE

JUDGEMENT

(1.) Both these application arise out of a common order. I have, therefore, heard them together and this common judgment will dispose of both the matters.

(2.) There is a house property in Bhiwandi owned by the respondent-landlady. The property is a Chawl. She terminated the tenancy of as many as 19 tenants and filed 19 suits for possession. In all these suits, the defendants-tenants were in arrears. They were not depositing any rent in the Court not were they paying the same to the landlady. The respondent landlady then made applications in all these suits for a direction under section 11(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act). In 17 suits out of these 19 the trial Judge gave directions for deposits of rent at a certain interim rate as contemplated by sub-section (4) of section 11 of the Bombay Rent Act. In two suits being Regular Suits Nos. 184 of 1975 and 185 of 1975 the trial Judge passed the following order :---

(3.) It must be explained that these two suits are against the present two Revisional Applicants who are ladies and who are alleged to be the defendants-tenants. The plea of each of these defendants is that not she but her son is a tenant. The landlady is not recognising this position, and has not filed suit against the sons but she insists upon calling the mothers as tenants and has instituted suits against the mothers for eviction on the ground of default of payment of rent.