( 1 ) THE petitioners original defendants have preferred this revision application under Section 29 (2) of the Bombay Rent Act against the judgment and decree for possession of the suit premises. The lower appellate court has confirmed the decree for possession on two grounds namely: (1) change of user i. e. godown to business and (2) subletting by petitioner No. 1 to petitioner No. 2. The lower courts have held that as per the rent note Ex. 36 dated 13-3-1956 the suit premises were let as a Vakhar (godown) whereas they are being used for the purpose of business of blacksmith by installing a bhathi and chimney. As regards subletting also the rent note is relied which is in the name of petitioner No. 1 Jagjivanbhai Bhikhabhai Ramji and petitioner No. 2 Chaturbhai Chhaganlal is proved to be in possession and therefore the transfer or subletting is held to have been proved.

( 2 ) THE learned Counsel for the petitioners-original defendants has submitted that the rent note in the name of petitioner No. 1-Jagjivanbhai Ramjibhai was really for joint family and Chhaganbhai is the common ancestor who had two sons-Ramjibhai and Chaturbhai. Chaturbhai is petitioner No. 2 and R