168 of 1963.
Appeal by special Leave from the judgment and decree dated May 1, 1962, of the Gujarat High Court in Appeal from Order No.
The judgment of M. Hidayatullah and J. C. Shah, jj.
was delivered by Shah, J. SARKAR J. In my opinion this appeal should succeed.
While this suit was pending the tenant sub let a part of the demised premises to the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
46 of 1962.
As to the rest, the sub tenants in possession including the appellant resisted eviction.
B. Dadachanji 0.
T. Desai, M. M. Shah and I. N. Shroff, for the res pondents.
A. K. Sarkar, J. delivered a dissenting opinion.
The tenant companytinued in possession after the expiry of the term under the protection from eviction given by the Bombay Rents and Lodging House Rates Control Act, 1947 which came into force on February 2, 1948.
The appellant in fact filed a suit against the landlords claiming that under s. 14 of the Act it had upon the determination of the interest of the tenant in the premises by the decree against him become their direct tenant of the portion sub let to it and asking for a permanent injunction restraining the landlords from evicting it.
M. Nanavati, 1.
C. Mathur and Ravinder Narain, for the appellant.
The respondent landlords demised certain premises to Maneklal Mafatlal for a term of five years from March 5, 1950.
In that suit the appellant made an application for an interim injunction but the application was rejected by the trial Court and an appeal therefrom, by the appellate Court.
September 5, 1963.
On April 27, 1956, the landlords filed a suit against him for eviction for number payment of rent and obtaineda decree on June 22, 1960.
