Judgment

RAY, C. J. - This appeal is by special leave from the judgment dated 15 February, 1974 of the Gujarat High Court dismissing the revision petition filed by the appellant.

2. The appellant filed a Revision Petition in the High Court against the judgment and decree passed by the District Judge dismissing his appeal against the decree for eviction of the appellant from the suit premises.

3. The respondent filed the suit against the appellant for possession of the premises on the ground that the appellant had sublet a portion of the premises.

4. Section 13(1) (e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 which is the relevant section for the purpose of this appeal runs as follows :

"13(1)(e) That the tenant has, since the coming into operation of this Act, unlawfully sublet, or after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, !973, unlawfully given on licence, the whole or part of the premises or assigned or transferred in any other manner his interest therein."

5. The appellant took on lease on 1 January, 1960 the premises, namely, first floor consisting of four rooms at a rent of Rs. 50/- per month