Judgment

D.P. Wadhwa, JJ.-The appellant-landlord is aggrieved by the judgment of the Gujarat High Court. By this judgment in revision, High Court reversed the judgments of two Courts below ordering eviction of the respondent-tenant on a petition filed by the appellant under clause (e) of sub-section (1) of Section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, the ‘Act’) as ap­plicable to the State of Gujarat. Under this clause, a landlord is entitled to recover possession of the premises on the ground that “the tenant has since the coming into operation of this Act unlawfully sub-let the whole or part of the premises or assigned or transferred in any other manner his interest therein”.

2. The premises in question is a shop. It was let out to the tenant Bakerali Fatehali (‘Bakerali’ for short) by predecessor of the appel­lant w.e.f. December 1, 1946. A rent note was duly executed. The premises were sold to the appellant in 1947. Bakerali executed a second rent note in favour of the appellant. There is no dispute that both the rent notes contained a clause that the premises had been taken on lease by Bakerali for his own use and occupation and that