1 By way of the present petition under Section 29 (2) of the Bombay Rents, Hotel and Lodging House Rates, 1947 ( the Rent Act for short), the landlord/plaintiff/respondent in Appeal, has challenged the judgment and order dated 16.12.1998, passed by the learned District Judge, Bhavnagar, in Regular Civil Appeal No.116 of 1987, by which the judgment and decree of eviction dated 17.8.1987, passed by the learned Civil Judge (JD), Gadhada, in Regular Civil Suit No. 11 of 1982, is quashed and set aside.

2 The brief facts arising from the record are as under:

That the present petitioners, who are Trustees of a public Trust registered under the Bombay Public Trust Act, filed a Regular Civil Suit No. 11 of 1982, in the court of Civil Judge (JD), Gadhada, and prayed for a decree of eviction against the present respondent on the ground that the tenant lady had sublet the premises and, therefore, the Trust was entitled for possession of the suit premises under Section 13(1)(e) of the Rent Act. It was alleged in the petition that the defendant lady was the tenant of the suit premises, which was rented to her for carrying on the business of hotel, but she had handed over the possession of