R.M.DOSHIT - (1.) This Revision Application preferred under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act') arises from the judgment and order dated 14th April, 1985 passed by the learned Appellate Bench, Small Causes Court, Ahmedabad in Civil Appeal No.59/1979. The petitioner before this Court is the appellant - defendant.
(2.) The respondent - plaintiff instituted H.R.P. Suit No.1809/1974 in the Court of Small Causes, Ahmedabad for recovery of the possession of the suit premises. The suit premises is a room situated in 'Karim Sheth Dela' at Railwaypura, Ahmedabad, bearing City Survey No.575 Part-6 and Municipal Census No.493-C-6. The plaintiff claimed that the suit premises was leased to the defendant on rent at the rate of Rs.15=00 per month. The defendant was in arrears of rent and had also sublet the suit premises to a third party. Hence, the suit.
(3.) The suit was contested by the defendant by filing written statement (Ex.13). The defendant denied that he was in arrears of rent or that he had sublet the suit premises. The defendant also denied that the plaintiff was his landlord and challenged the maintainability of the suit. The learned trial Judge was, under the judgment and order dated 12/01/1979, pleased to hold that the defendant had sublet the suit premises and had denied the title of the plaintiff over the suit premises and thereby forfeited his right to protection under Section 12(1) of the Rent Act. The learned trial Judge was of the opinion that the defendant was ready and willing to pay the rent.;