( 1 ) THIS writ petition is directed against the concurrent findings of both the courts below that the respondents' suit for eviction should be decreed. The courts below have decreed the suit of the respondent-landlord on the ground that the respondent No. 2 Jayaben sub-let the premises to the petitioner in contravention of section 13 (1) (e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter referred to as the "bombay Rent Act". At the outset, it may be noted that the tenant Jayaben through whom the petitioner claims interest had also challenged the decree by filing Writ Petition No. 3099 of 2001 which has been withdrawn on 13. 4. 2007. It may also be noted that earlier the petitioner and Jayaben had filed common Written statement before the trial Court. Thereafter, both the parties withdrew the common written Statement and filed separate Written statement in which Jayaben stated that the petitioner had been inducted by her by giving a table space on a gratuitous basis.

( 2 ) BOTH the courts below have, on the basis of evidence on record, come to the conclusion that Jayaben had unlawfully let out the suit premises to the petitioner. T