( 1 ) THE plaintiff filed against the defendant the present suit for recovering possession of the suit premises on four grounds. Firstly she alleged that the defendant has acquired vacant possession of a suitable residence within the meaning of sec. 13 (1) (1) of the Bombay Rent Act. Secondly she alleged that she requires the suit premises reasonably and bonafide for her occupation within the meaning of sec. 13 (1) (g ). Thirdly she alleged that the defendant has unlawfully sub-let the suit premises and was therefore liable to be evicted under sec. 13 (1) (e ). Lastly she alleged that the defendant had Been in arrears of rent and had therefore rendered himself liable to be evicted under sec. 12 of the Rent Act.

( 2 ) THE defendant in his turn challenged the validity of the statutory notice served upon him.

( 3 ) THE learned Trial Judge upheld the validity of the statutory notice and negatived all the grounds of eviction raised by the plaintiff. He therefore dismissed the suit.

( 4 ) THE plaintiff appealed to the District Court against the decree passed by the learned Trial Judge. The learned Appellate Judge held that the statutory notice was valid negatived all grounds of eviction except one alleged by the plaintiff and held that the defendant was liable to be evicted from the suit premises because he has acquired vacant possession of a suitable residence. In view of this finding of his he passed in favour of the plaintiff decree for possession.

( 5 ) IT is that appellate decree which is challenged by the defendant in this Civil Revision Application.

( 6 ) THE only contention which Mr. Shah has raised before me on behalf of the defendant is that the finding recorded by the learned Appellate Judge on the question of acquisition of vacant possession of a suitable residence is erroneous in law. The suit premises in respect of which the defendant is the tenant consist of two rooms one office one kitchen and an Osri and are covered by a terrace. They are situated at Rajkot. It is not in dispute that the defendant has also taken on rent a second set of premises at Rajkot. The learned Appellate Judge has held that the tenancy in respect of the suit premises is in the name of the defendant personally. according to him therefore he alone can reside in the suit premises and not the members of his joint family.

( 7 ) IF a tenant has been residing in his rented premises anyone else whether he is a son wife husband father daughter brother or sister can reside with him. No difficulty can ever arise on this account. The difficulty which the present case has raised arises only when a tenant takes on rent a second set of rented premises leaves some of his close relations in the old premises and shifts to his new premises. What is the test to be applied in such a case ? In my opinion if a tenant takes on rent new premises in order to get over the difficulty arising out of shortage of accommodation for his large family he cannot ipso facto be said to have acquired vacant possession of a suitable residence by which he would be rendered liable to be evicted from his old premises. It is for the purpose of accommodating his large family that he may take on rent two sets of premises. If merely on account of the fact that he has taken on rent a new set of premises he is evicted from his old premises then the difficulty which he has tried to solve in the matter of accommodating his large family would continue to haunt him. In such a case he would never be able to solve the difficulty.

( 8 ) THEREFORE the real test in my opinion is when a tenant has one set of rented premises and when he takes a second set of premises on rent whether the old premises from which he has shifted to his new premises continue to be occupied by his dependants. If the persons who continue to occupy the old premises are his dependants it cannot be said that he has acquired vacant possession of a suitable residence because his eviction from his old premises will a