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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DEVAN M.DESAI
Bharatbhai Venilal Shah – Appellant
Versus
Raghubhai Rambhai Patel – Respondent
JUDGMENT :
DEVAN M. DESAI, J.
1. The present Civil Revision Application is filed under Section 29(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as “the Act”) by the applicants-appellants-original defendants assailing the judgment and order dated 23.01.2026 passed by the learned 2nd Additional District Judge, Navsari in Regular Civil Appeal No.2 of 2020.
2. Heard learned advocate Mr. P.A. Mehd with learned advocate Mr. Meet A. Shah for the applicants.
3. Parties are referred to as per their original position in the suit. Applicants are the original defendants and respondent is the original plaintiff in the suit proceedings.
4. The brief facts of the case are as under:-
4.1. Plaintiff-respondent herein had filed a suit for recovery of the suit property situated at Municipal Ward No.6, Old House No.204 (New house No.75), Navsari on the ground of sub- letting, non-user, reasonable and bonafide requirement of the suit property as well as on the ground of arrears of rent. The case of the plaintiff in the plaint is that the suit property was let out in the year 1985 for the purpose of Kirana and general stores. The rent was agreed at Rs.500/-
The plaintiff in a tenancy dispute must prove non-use of the property for over six months to recover possession; the defendants failed to meet this burden, affirming the plaintiff's claims.
The court affirmed that unauthorized subletting and change of user from residential to commercial were established, with the burden of proof resting on the tenant's family to demonstrate the nature o....
A tenant's unauthorized use of premises and subletting without landlord consent constitutes a breach of tenancy, justifying eviction.
A tenant's change of user from commercial to residential use constitutes a breach of tenancy terms under Section 108(o) of the Transfer of Property Act, independent of any proof of damage to the prem....
The main legal point established in the judgment is that the grounds of willful default in payment of rent, acquisition of suitable alternate accommodation, and reasonable and bona-fide need of the p....
The acceptance of rent after lease termination does not create a new tenancy; the tenant's status becomes that of a trespasser, not a statutory tenant.
The tenant's acquisition of alternative accommodation under Section 13(1)(l) of the Rent Act justified eviction, with the principle of greater hardship being irrelevant in this context.
The court ruled that a landlord's claim for eviction on grounds of bonafide requirement is not established when evidence shows availability of alternate premises and no genuine need.
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