SHIVLAL NATHURAM VAISHNAV Vs. HARSHADRAI HARIBHAI OZA HEIRS OF DECD SMT SULOCHANA
LAWS(GJH)-1979-7-35
HIGH COURT OF GUJARAT
Decided on July 26,1979

SHIVLAL NATHURAM VAISHNAV Appellant
VERSUS
HARSHADRAI HARIBHAI OZA Respondents

JUDGEMENT

B.K.MEHTA - (1.) Our learned Brother Surti J. has referred this Revision Application to us in the following circumstances:-
(2.) In Regular Civil Suit No. 291 of 1972 Civil Judge (J.D.) Palanpur granted an eviction decree against the present petitioner on the ground that he has acquired suitable residence after coming into operation of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (herein after referred to as the Bombay Rent Act). This eviction decree was granted under sec. 13(1)(1) of the Bombay Rent Act. The appeal of the petitioner-tenant was dismissed by the learned District Judge Banaskantha at Palanpur with the result that the eviction decree was confirmed. The petitioner-tenant therefore carried the matter in revision before this Court. In the course of hearing of this revision a contention was urged on behalf of the petitioner-tenant that a decree for eviction would not be according to law if the tenant has disposed of the property the acquisition of which has exposed the tenant to an eviction decree. The learned Single Judge was impressed by this contention since in his opinion it was a question of considerable importance affecting a large number of tenants. He has therefore referred the entire matter to us.
(3.) Short question which therefore arises in this reference is as to at what relevant point of time a trial Court dealing with an ejection action should consider the relevant ground of eviction under sec. 13(1)(1) of the Bombay Rent Act ? Is it necessary that this ground of acquisition by or allotment to a tenant of a building suitable for his residence should necessarily be existing at the time when an eviction decree is made or that a trial Court would be justified in granting a decree of eviction in spite of the cause of action having exhausted itself in the sense that the acquired or allotted residence is disposed of by a tenant ?;


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