Case Note & Summary
The case pertains to a dispute between the landlord, Mohan J. Jhangiani (since deceased, represented by his legal heirs), and the tenant, Viratna Vidyabanich (since deceased, represented by his legal heirs), over Flat No. C5, Block No.2, Basant Park Cooperative Housing Society, Chembur, Bombay. The landlord inducted Thangyoo Vidyabanich, predecessor of the petitioners, as a tenant in 1969. On 28 April 1977, the landlord issued a notice alleging default in payment of rent, demanding arrears, and terminating the tenancy. Subsequently, the landlord filed R.A.E. & R. Suit No. 938/5489 of 1977 in the Court of Small Causes at Bombay seeking eviction on grounds of default in payment of rent, change of user, and reasonable and bonafide requirement under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The tenant filed a written statement in July 1978 denying the allegations. During the pendency of the suit, the original tenant Thangyoo Vidyabanich died on 12 May 1980, and his legal representatives were brought on record. The Trial Court framed issues and after trial, decreed the suit on 25 January 1990 ordering eviction. The tenant appealed, and the Appeal Court confirmed the decree on 27 June 1997. The tenant then filed the present writ petition challenging both judgments. The High Court, after considering the submissions, found no perversity or illegality in the concurrent findings and dismissed the petition, upholding the eviction orders.
Headnote
A) Rent Control - Eviction - Default in Payment of Rent - Section 12 Bombay Rents Hotel and Lodging House Rates Control Act 1947 - Tenant failed to prove payment of rent for the period from 1st January 1975 to 30th April 1977 - Landlord's notice demanding arrears was valid - Held that the tenant's default was willful and not liable to be condoned (Paras 1-3). B) Rent Control - Eviction - Change of User - Section 16 Bombay Rents Hotel and Lodging House Rates Control Act 1947 - Tenant changed user of suit premises from residential to commercial by using it for business of a travel agency - Landlord proved change of user without consent - Held that such change of user is a ground for eviction (Paras 1-3). C) Rent Control - Eviction - Reasonable and Bonafide Requirement - Section 13(1)(g) Bombay Rents Hotel and Lodging House Rates Control Act 1947 - Landlord required suit premises for his own use and that of his family members - Tenant's alternative accommodation available - Held that the landlord's requirement was reasonable and bonafide (Paras 1-3).
Issue of Consideration
Whether the concurrent findings of the Trial Court and Appeal Court ordering eviction of the tenant on grounds of default in payment of rent, change of user, and reasonable and bonafide requirement are sustainable in law.
Final Decision
The High Court dismissed the writ petition, upholding the judgments and decrees of the Trial Court and Appeal Court ordering eviction of the petitioners from the suit premises.
Law Points
- Eviction on ground of default in payment of rent
- change of user
- reasonable and bonafide requirement
- Bombay Rents Hotel and Lodging House Rates Control Act 1947
- Section 12
- Section 13
- Section 16
