KAMI MANPRASAD GORDHANDAS Vs. GOPICHAND SHERSING GUPTA

JUDGEMENT

(1.) This is a plaintiff-landlord's appeal by special leave under Art. 136 of the Constitution. It is directed against the judgment of a learned Single Judge of the High Court of Gujarat at Ahmedabad dismissing revision application No. 393 of 1963 treated by the High Court to be under Section 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 57 of 1947 (hereinafter called the Act).

(2.) The plaintiff a public trust - instituted a suit for possession of the premises in question against the tenants (who are respondents in this Court) on the ground inter alia of failure to pay rent. That suit was dismissed by the Additional Judge, Small Cause Court at Ahmedabad on the ground that the notice given by the landlord was defective. It is unnecessary for our present purpose to go into other details or the history of the suit proceedings in the trial Court.

(3.) The City Civil Court, Ahmedabad (VII Court) dismissed the appeal on January 15, 1963. The plaintiff-appellant thereupon moved the Gujarat High Court by means of a civil revision application. No law was stated in the memorandum of revision under which the High Court was approached for revision of the appellate judgment. The High Court, as appears from the impugned judgment dated January 12, 1967, treated the revision application to be under Section 29 (2) of the Act and after discussing the points raised dismissed the same holding the notice given by the landlord to be invalid. It is this judgment which is challenged by the plaintiff in this Court.