JUDGMENT

Dipak Misra, J.

Leave granted.

2. The appellant-landlord instituted HRP Suit No.686 of 1992, seeking permanent injunction against the original tenant, the predecessor-in-interest of the respondents herein, restraining them from constructing any permanent structure on the tenanted premises and further from subletting the same or transfer it in any manner. The learned trial Judge vide judgment and decree dated 12th March, 1999, partially decreed the suit restraining the respondents from subletting or transferring the suit premises.

3. Being grieved by the aforesaid judgment, the appellant preferred Civil Appeal No.79 of 1999. It is necessary to state here that the appellant also initiated an action for eviction forming the subject matter of HRP Suit No.1804 of 1998 before the Small Causes Court, Ahmedabad, on the ground that the respondent-original tenant had erected permanent structure on the premises without the consent of the landlord. It is apt to note here that the same is one of the grounds as find mention under Section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (for short, 'the 1947 Act') which is applicable in the State of Gujarat.

4. The lea