DAHIBEN LAKHABHAI Vs. ADMINISTRATIVE OFFICER
HIGH COURT OF GUJARAT
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(1.) The plaintiffs filed the present suit against the defendants for recovering possession of the suit premises which consist of a school building on the ground that defendant No.3 who is the tenant has unlawfully sublet them to defendant No. 2 Gondal Municipality. Defendant No. 3 is Gondal Taluka Panchayat to which the suit premises were let by the plaintiffs for running the school. Thereafter the Government by its Resolution dated 28th February 1968 Exhibit 61 resolved to transfer primary schools to the Municipalities where the Municipalities were prepared to shoulder the responsibility. Accordingly the primary schools in the town of Gondal were transfer red from Gondal Taluka Panchayat to Gondal Municipality. The plaintiffs therefore contended that Gondal Taluka Panchayat had unlawfully sublet the suit premises to Gondal Municipality and that therefore they were entitled to recover its possession under sec. 13 (1)(e) of the Bombay Rent Act.
(2.) It was contended by Gondal Taluka Panchayat in defence that possession had been transferred by the Government in pursuance of their resolution and that therefore there was no unlawful subletting.
(3.) The learned trial Judge held that the transfer of leasehold rights of Gondal Taluka Panchayat to Gondal Municipality was effected by operation of law and not by an act inter vivos between the parties. He therefore held that there was no unlawful subletting. In this view of the matter he dismissed the suit.;
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