SUGANCHAND SAVAICHAND Vs. MOTILAL DURGAPRASAD

JUDGEMENT

(1.) Plaintiffs are the owners of a building at Vithalwady and let the first floor to Ramjilal Ramswarup on the 15 November 1917 at a rental of Rs. 40 per mensem.

(2.) Plaintiffs say that Ramjilal Ramswarup's rent was in arrears and he had sub-let the premises contrary to the terms of his lease Therefore, they gave notice terminating the tenancy on the 10 November 1920.

(3.) In the meantime, however, on the 26 October 1920, Ramjilal Ramswarup was adjudicated insolvent and left Bombay. On 28 October 1920, the Official Assignee's auctioneers wrote that they had taken away Ramjilal Ramswarup's moveables and vacated the premises. The plaintiffs went there that day. Plaintiff No. 3 says he found defendants in possession of two rooms and that he locked the other two.