JUDGMENT :

H.R. Shelat, J.

Being aggrieved by the judgment and decree dated 28/1/1992 passed by the then learned Second Extra Assistant Judge, Kheda at Nadiad in Regular Civil Appeal No. 236 of 1983 on his file, dismissing the appeal and confirming the judgment and decree dated 1st October, 1983 passed by the then learned Civil Judge (J.D.) at Anand in Regular Civil Suit No. 277 of 1977, directing to hand over peaceful and vacant possession of the shop let, pay the sums of rent, and fixing standard rent at the rate of Rs.85/- per month, as well as awarding the costs, the original defendants Nos. 1,2 and 3 have preferred this revision application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short the "Bombay Rent Act").

2. Nathabhai Marghabhai was the owner of the house called "Sahajanand" situated on Station Road at Anand. In that building, on the ground floor, there is a shop bearing old Municipal No. 7/100 and new Municipal No. 10/2/25. That shop (hereinafter referred to as the "suit shop") was let to Babubhai Narottamdas, the present petitioner no.1 and Krushnalal Maganlal Thakkar, the deceased husband of the petitioner no.2 at the monthly rent of Rs. 125/- from 10th October, 1961. The petitioner no.1 and husband of the petitioner no.2 forming the partnership firm in the name and style "Gopal Tea Depot" were carrying on the business in the suit shop. The period of monthly tenancy commenced on 10th day of every month and ended with 9th day of the next month under Gregorian calendar. The rent was to be paid every month regularly but as it was not so paid, those two tenants were in arrears of rent from Sud 1 of Kartik S.Y.2032. Till the date of the suit, in all Rs. 2,683-50 Ps. had become due. Harivadan Nathalal, the son of Nathabhai Marghabhai was planning to have his venture in Hardware. He was, therefore, keen to have the possession of the suit shop for his bona fide requirements. It was found that as the petitioner no.1 using and occupying one block in Sardar Ganj at Anand where he was carrying on his business, was not using the suit shop. Krishnalal Maganlal, the husband of the petitioner no.2 died on 4th February, 1976. Because of his death, the partnership stood dissolved. The petitioner no.1 the sole surviving partner then unlawfully sublet the suit shop to Vinubhai Babubhai, Narsinhbhai Narottambhai and Chimanbhai Bhailalbhai. Nathabhai Marghabhai, therefore, gave a notice on 11th April, 1997, terminating the tenancy and calling upon the petitioners to hand over peaceful and vacant possession of the suit shop on four grounds namely (1) arrears of rent; (2) bona fide requirement (3) non-user; and (4) sub-letting. As no heed was paid to the notice, Nathabhai Marghabhai filed Regular Civil Suit No. 277 of 1977 in the Court of the Civil Judge (J.D.) at Anand to recover peaceful and vacant possession of the suit shop and amount of rent that had become due till then along with mesne-profits and costs.

3. After being served with the summons, the petitioners appeared before the trial court. The petitioners Nos. 1 and 3 filed their written statement at Ex.22 denying each and every allegation levelled against them. The learned Civil Judge (J.D.) at Anand framed necessary issues at Ex.29. Appreciating the evidence on record, he reached the conclusions that the petitioners were not the tenants in arrears of rent for more than six months. The case about bona fide requirement was not established, likewise the case about non-user was also not established, but he found that the case of subletting was established. He on that count, passed the decree of eviction on 1st October, 1982. Being aggrieved by such judgment and decree, the present petitioners preferred Regular Civil Appeal No. 236 of 1983 in the District Court, Kheda at Nadiad. The appeal was assigned to the then 2nd Extra Assistant Judge, Kheda at Nadiad for hearing and disposal in accordance with law. The learned Assistant Judge,