SULEMAN HAJI HUSEN Vs. MEMBERS OF EXECUTIVE COMMITTEESUNNY MUSLIM HALAI GHANCHI
LAWS(GJH)-2000-8-34
HIGH COURT OF GUJARAT
Decided on August 09,2000

SULEMAN HAJI HUSEN Appellant
VERSUS
MEMBERS OF EXECUTIVE COMMITTEESUNNY MUSLIM HALAI GHANCHI Respondents

JUDGEMENT

- (1.) This is a revision application u/s 29[2] of the Bombay Rent Act, at the instance of the original defendant - tenant, who was sued by the respondents plaintiffs - landlords on a number of grounds, including the ground of arrears of rent of more than six months, and that the defendant - tenant was not ready and willing to pay the rent.
(2.) The trial Court, on a consideration of the pleadings of the parties, raised appropriate issues and on a total appreciation of the evidence on record, found in favour of the landlords and passed a decree of eviction.
(3.) It may be noted in this context that one of the main contentions of the defendant was that he is not a tenant of the suit premises at all, and that the real tenant is his (defendant's) father. It was therefore his substantial contention that since he was not a tenant of the premises in question, he was under no obligation to pay the rent, and therefore, no decree of eviction can be passed against him in his capacity as a tenant.;


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