R.BANUMATHI, J. - (1.) This appeal arises out of the judgment and order dated 16.10.2003 in Civil Revision Application No.1517 of 1983 passed by the High Court of Gujarat at Ahmedabad, dismissing the revision petition thereby affirming the order of the First Appellate Court which reversed the order of eviction passed by the trial court. Vide impugned order, the High Court declined to order eviction on the ground of default in payment of rent and sub-letting without the permission of the landlord.
(2.) Brief facts which led to filing of this appeal are as follows: The appellant herein is the owner of the property known as "Radha Bhuvan" a two storeyed building situated on Vadi Rang Mahal, Hathia Khan Road, Vadodara City near Alankar Studio and flour mill. The property consists of ground floor, first floor and second floor. The ground floor of the suit premises was let out to the first respondent-defendant No.1 Manilal Ishwarbhai Valand-the original tenant in the year 1958 on a monthly rent of Rs. 30/-. The original tenant was running a hair cutting salon in the rented premises under the name of 'Excellent Hair Dressing Saloon'. The tenancy commenced from the 6th day of the month and ended on 5th day of the following month and for payment of rent, receipt was given from time to time. The original tenant was not in the habit of paying the rent regularly, that is, on the due date of each month and he was in arrears of rent for the period ranging from 06.07.1974 to 05.05.1976, amounting to Rs.660/ for twenty two months. On wilful default in payment of rent, a notice was duly served upon the original tenant to make payment of the above arrears within one month from the date of receipt of notice and the tenant has neither paid the arrears nor sent any reply. Left with no alternative, the appellant-plaintiff was constrained to file Rent Suit No.499 of 1978 on 29.09.1978 before the Court of Small Causes Judge at Vadodara seeking possession of the property and arrears of rent. During the pendency of the suit, the original tenant Manilal Ishwarbhai Valand died on 26.11.1979 and his legal representatives viz., his wife and two sons namely, Dahyalal and Bhogilal were brought on record as defendant Nos.1/1 to 1/3.
(3.) One of the sons of the tenant named Bhogilal independently runs hair cutting salon on Ajwa Road opposite to Navjivan Society. Similarly, another son Dahyalal was serving in Alembic Glass Works for the last 10 to 12 years. Even when tenant-Manilal was alive, his son Dahyalal never worked with his father and never helped him in running the shop. After the death of the original tenant-defendant No.1 Manilal, the appellant-plaintiff found that one Somabhai Dahiyabhai Valand was inducted into the suit premises by illegal sub-letting of the tenanted premises so as to deprive the appellant-plaintiff of his legal right to seek possession of the suit property. The said Somabhai Dahyabhai Valand was arrayed as defendant No.2 in the suit (respondent No.4 in this appeal).;