REDHESHYAM G GARG Vs. SAFIYABAI IBRAHIM LIGHTWALLA

JUDGEMENT

(1.) This petition has been filed by the original defendant tenant seeking to challenge the judgments and decrees of both the lower courts decreeing the suit of the respondent-plaintiff for possession under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Bombay Rent Act").

(2.) The premises which are subject matter of the dispute in the present petition consists of one room in Ever Ready Cottage situate at Virar Taluka, Vasai, District Thane. The said premise were let to the defendant in the year 1958 at a monthly rent of Rs. 25/-. The said premises originally belonged to one Asmabai who on 1st August, 1975 executed a registered sale deed in favour of her three daughters, who were plaintiffs in the suit for possession. The present suit came to be filed on 2nd October, 1975 by the plaintiffs, the daughters of said Asmabai, after they had given to the defendant their notice of allotment dated 21st August, 1975 wherein they had informed the defendant that the premises had been transferred by Asmabai in their favour by a registered d document. The said notice alleged that the defendant had acquired alternate suitable residence in as much as he had been allotted railway quarters at Andheri and he had shifted as far back as in January 1965. It was also alleged that the defendant had unlawfully sub-let the suit premises.

(3.) The defendant vide his reply dated 13th September, 1975 denied the title of the plaintiffs ad contended that no intimation regarding the alleged transfer had been given to him by Asmabai. Though he admitted having been allotted railway quarters he contended that the accommodation was of temporary nature Moreover he visit the suit premises on Sunday end holidays. The allegation of sub-letting was also denied.