B.K.MEHTA, S.B.MAJMUDAR
BHABHUTMAL RIKHBAJI SHARMA – Appellant
Versus
MANUBHAI MADHAVJI PATEL – Respondent
( 1 ) BROADLY three substantial questions of law of general importance arise in these two civil revision applications one at the instance of the original defendant-tenant against decree of eviction and another at the instance of the original plaintiffs-landlord against the fixation of standard rent-referred to us by P. D. Desai J. The questions as formulated by us are as under :- (1) Whether the restrictive covenants of the contractual tenancy would continue to operate to the prejudice of the tenant on determination of the contractual tenancy ? (2) Whether breach of conditions of tenancy prohibiting the change of the purpose of the user of the premises even partly would expose the tenant to a decree of eviction de hors sec. 13 of the Bombay Rent Hotel and Lodging House Rates Control Act 1947 (hereinafter known as the Rent Act) ? (3) Whether the conviction of a person residing with a tenant of business premises for the use of the premises for illegal purposes would expose the tenant to eviction decree under sec. 13 (1) (c) of the Rent Act. These questions arise under the following circumstances:-
( 2 ) THE original defendant no. 1 Bhabhutmal Sharma was a tenant of the
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