D.P.WADHWA, J.JAGANNADHA RAO
Anandram Chandanmal Munot – Appellant
Versus
Bansilalchunilal Kabra (Since Deceased) Through L. Rs – Respondent
JUDGMENT
D.P. Wadhwa, J.-This is landlord s appeal. There are two appellants. They filed a suit for eviction against the respondents, numbering three, under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, the Act ). There were four grounds of eviction : (1) non-payment of rent; (2) subletting; (3) damage to the premises; and (4) bona fide need of the appellants themselves. Suit of the appellants was dismissed by the trial Court on all the grounds. Appellants appealed against that order. The appellate Court; however, held that the first respondent, the tenant, defaulted in payment of rent and was liable to eviction on that ground but since the second respondent was a lawful sub-tenant, no decree or order for eviction could be passed against second respondent. Other grounds of eviction were again held against the appellants. Appellants then filed a writ petition in the Bombay High Court which was dismissed by the impugned judgment dated December 22, 1995 by a learned single Judge of the High Court with only modification holding that the tenancy of the first respondent stood determined on April 17, 1982 and not on March 1, 1975 as was he
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