LAW FOR ALL

The findings and the reasonings recorded by the High Court are not based on evidence, cannot be sustained. As rightly held by the trial court, the respondents-tenants are liable to be evicted on three grounds:- (i) default in payment of rent; (ii) defendant Nos.1/2 and 1/3 not being entitled to the benefit of Section 5(11)(c); and (iii) sub-letting. It is unfortunate that the appellant-landlord is litigating for more than four decades to get back possession of his own premises and, therefore, the respondent-tenants are directed to handover vacant possession of the premises immediately.= The impugned judgement of the High Court is set aside and this appeal is allowed and the order of eviction passed by the Court of Small Causes Court, Vadodara is restored. The respondent Nos. 1 to 4 or other person, if any, inducted by the respondents Nos.1 to 4 are directed to handover vacant possession within two months from the date of this judgment, failing which the respondents shall be liable for contempt of this court apart from other remedies available in law. No costs.