USHABEN Vs. PRAFUL TEXTILES

JUDGEMENT

(1.) This is tenants Revision under Section 29(2) of the Bombay Rent Act.

(2.) Brief facts giving rise to this revision are as under : The three revisionists were the tenants of open peace of land from the deceased plaintiff - landlord. The respondents 6 to 17 are the legal representatives of deceased landlord. The respondents No.1 to 5 are alleged to be sub-tenants from the three revisionists.

(3.) Suit for eviction of the revisionist was filed by the landlord on the ground of sub-letting and breachof terms of the contract of tenancy. The Suit was dismissed by the trial Court. Appeal was preferred by the landlord, but in the Appeal eviction on ground of alleged sub-letting was not pressed. Inter-alia the ground pressed in the Appeal was that the tenants revisionists committed breach of terms of contract of tenancy, hence they were liable to be evicted. The Appellate Court found that the tenants - revisionists committed breach of Para : 5 of the Rent Note and as such they were entitled to be evicted. Accordingly, decree for eviction was passed. It is this decree for eviction against the revisionists passed by the lower Appellate Court which is under challenge in this revision.