HIRABAI WAMAN LAUD Vs. R N BHATT

JUDGEMENT

(1.) This Special Civil Application has been filed by the original plaintiffs under Article 227 of the Constitution of India, challenging the judgment and order passed by the Appellate Bench of the Court of Small Causes at Bombay, on November 29, 1973.

(2.) The petitioners are the landlords and owners of the premises situated at "Sneha Sadan", 14/B, Mangalwadi Girgaum, Bombay-400 004. Respondent No. 1 R.N. Bhatt was originally a tenant in block No. 24 in the Sneha Sadan building as a monthly tenant of the petitioners. Respondent No. 1 parted with the possession of the suit premises in his possession unlawfully and inducted respondent No. 2 in the said premises. Respondent No. 1 was no longer in occupation of the suit premises, as he had acquired a suitable alternative accommodation at Vasant Mahal, Churchgate, Bombay. The petitioners also claimed possession of the suit premises as they reasonably and bona fide required the same for their personal use and occupation. The petitioners contended that respondent No. 1 had unlawfully sublet the suit premises to respondent No. 2, and therefore, the tenancy of respondent No. 1 was terminated by a notice to quit dated October 16, 1962, and thereafter, a suit for eviction against the respondents was filed in the Court of Small Causes at Bombay.

(3.) Respondent No. 1 remained ex parte throughout the proceedings, viz., in the trial Court, Appellate Court, as well as in this Court. Respondent No. 2, contested the proceedings contending, inter alia that the suit premises were let out to him by respondent No. 1 before May 21, 1959, and therefore, he was a lawful sub-tenant of the suit premises. He also denied that the petitioners required the suit premises bona fide and reasonably for their use and occupation.