D.C.SRIVASTAVA
MANJIBHAI SHAMJIBHAI – Appellant
Versus
NATRAJ THEATRE – Respondent
( 1 ) ). THIS revision under Sec. 29 (1) of the Bombay Rent control Act, 1947 has been filed by the revisionist-defendant No. 2 challenging concurrent finding of the two Courts below treating him sub-tenant of the defendant no. 1 - respondent No. 2 of this Civil Revision Application.
( 2 ) THE brief facts are that Natraj Theatre respondent No. 1 is the owner and glandlord of the disputed premises consisting of stall, some open space and room. It was let out to Gujarat Bottling Company Private Limited - defendant No. 1. The allegation of the plaintiff-respondent No. 1 was that respondent No. 2 had illegally sub-let, assigned or transferred in any manner the disputed accommodation to the revisionist-defendant No. 2 and on this count the eviction of the tenant-in-chief as well as sub-tenant was sought. In addition to this, eviction was also sought on the ground that the tenant-in-chief was in arrears of rent for more than six months and he did not pay the same within a month of service of notice of demand.
( 3 ) THE case of the defendant No. 2 in the trial Court was that he is not subtenant nor the disputed premises has been assigned or transferred to him by the te
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