Case Note & Summary
The present Civil Revision Application was filed under Section 29(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 by the applicants, who were the original defendants in the suit, challenging 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. The respondent-original plaintiff had filed a suit for recovery of possession of the suit property situated at Municipal Ward No.6, Navsari, on grounds of sub-letting, non-user, reasonable and bonafide requirement, and arrears of rent. The suit property was let out in 1985 for Kirana and general stores at a monthly rent of Rs.500/-. The plaintiff alleged that the property had been non-user for over 5 years and that the defendants had sub-let it to a third party for storing food-grains. The defendants contested, claiming they were tenants after the death of the original tenant Venilal Jekchand Shah and denied all allegations. The trial court decreed the suit in favor of the plaintiff, and the appellate court confirmed the decree. The High Court, in revision, examined the concurrent findings of fact and held that there was no perversity or lack of evidence to warrant interference. The court noted that the findings on sub-letting and non-user were based on evidence and were not shown to be erroneous. Accordingly, the revision application was dismissed, and the eviction decree was upheld.
Headnote
A) Rent Control - Sub-letting - Section 13(1)(e) of Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 - Eviction on ground of sub-letting - The plaintiff alleged that defendants sub-let the suit property to a third party for storing food-grains. The trial court and appellate court concurrently found that the defendants had sub-let the premises. The High Court held that concurrent findings of fact cannot be interfered with in revision unless perverse or without evidence. (Paras 4-6) B) Rent Control - Non-user - Section 13(1)(k) of Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 - Eviction on ground of non-user for more than 5 years - The plaintiff proved that the suit property remained unused for over 5 years preceding the suit. The courts below accepted this evidence. The High Court upheld the finding, noting that non-user was established. (Paras 4-6) C) Rent Control - Reasonable and bonafide requirement - Section 13(1)(g) of Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 - Eviction on ground of personal need - The plaintiff and his son required the suit property to start a departmental store. The courts below found the requirement bonafide. The High Court declined to interfere, as the finding was based on evidence. (Paras 4-6)
Issue of Consideration
Whether the concurrent findings of fact regarding sub-letting and non-user of the suit property by the defendants warrant interference under Section 29(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
The High Court dismissed the Civil Revision Application, upholding the eviction decree passed by the trial court and confirmed by the appellate court.
Law Points
- Sub-letting
- Non-user
- Reasonable and bonafide requirement
- Arrears of rent
- Concurrent findings of fact
- Section 29(2) of Gujarat Rents
- Hotel and Lodging House Rates Control Act
- 1947
