KIKABHAI ABDUL HUSSAIN Vs. KAMLAKAR

JUDGEMENT

(1.) THIS is an appeal by a tenant Kikabhai against whom there is a decree for ejectment as well as for arrears of rent and mesne profits. The ejectment has been sought from an open piece of land. Its old Municipal no. 1 was divided into different numbers as 34, 35, 36, 37 and 38. The land in tenancy measures 158'6" towards North; 156' towards South; 84'9" towards East and 28'6" towards the West. The tenanted portion also included a guest house with a compound and motor garage measuring 783 square feet in area. The portion actually in occupation of the defendant as a tenant has been shown in the map Ex. P/9 bounded by red-lines and marked as A and B.

(2.) THE plaintiffs allege that the defendant was a tenant of the premises before 1-7-1950. But at that time the portion in his occupation was much more than the present portion in suit. On 30-6-1950 the defendant surrendered all other portions excepting the suit portion for which the defendant agreed to pay rent Rs. 205 per month, The lease was for a period often years. The lease deed was executed and registered on 28 9-1930. After that the defendant surrendered some more portion and the rent was therefore reduced to Rs. 190 per month.

(3.) THE plaintiffs further allege that the premises were taken by the defendant for the purpose of running a foundry and for no other purpose. The guest house which forms part of the tenancy has been in a dangerous condition and unsuitable for residence. That the defendant had sub-leased the portions of the suit land. That the suit land was being used for the purpose different from that for which it was let out. The plaintiffs also wanted the land for constructing their own house. After giving a notice and determining the tenancy the plaintiffs brought a suit for ejectment. The plaintiffs claimed mesne profits at the rate of Rs. 1,800 per month from the date of determination of the tenancy till the date of recovery of possession.