A.R.BAKSHI, V.R.SHAH
KANSARA ABDULREHMAN SADRUDDIN – Appellant
Versus
TRUSTEES OF THE MANIAR JAMAT,ahmedabad – Respondent
( 1 ) THIS revision application raises a short question of law as to whether the provisions of sec. 13 (2) of the Bombay Rents Hotel and Lodging House Rates (Control) Act 1947 (hereinafter referred to as the Rent Act) are applicable to a case where a trustee of a public charitable trust asks for possession of the premises from a tenant on the ground that he requires it for occupation for the purposes of the trust. The opponents are the trustees of a public trust namely Maniar Jamat at Ahmedabad. The suit premises originally belonged to one Bai Amina daughter of Jusab Mohamed and she gave the land by way of gift to a public Trust named Maniar Jamat to make a Madresa and Jamatkhana. The opponents have brought the suit for possession of the premises from the petitioner-tenant on the ground that the premises are required for the trust. The petitioner contested the character of the opponents as his landlord and also disputed the claim of the opponents for possession. The learned trial Judge found in favour of the opponents about their requirement of the promises for the purposes of the trust. The learned trial Judge observed that the question of comparative hardship mentio
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