COMMANDANT HOME GUARD Vs. KANAYALAL HARUMAL

JUDGEMENT

(1.) The appellants ori. defendants have filed the Second Appeal under Section 100 of the Civil Procedure Code challenging the order and judgment passed by the learned 2nd Extra Assistant Judge, Rajkot in Regular Civil Appeal No.31 of 1978 allowing the said Appeal and setting aside the judgment and decree passed by the learned Civil Judge (J.D.) Dhoraji in Regular Civil Suit No.399 of 1974 dismissing the plaintiff's suit for possession and directing the original defendants to pay all the rent to the plaintiff after making adjustment of deposits of rent in Court.

(2.) The Appeal was admitted by the Court and following substantial questions of law were formulated:- (i) Whether on the facts and circumstances of the case provisions of Rent Act are applicable to the premises in question ? (ii) Whether on the facts and circumstances of the case a notice under Section-80 of the Civil Procedure Code was required to be given ?

(3.) The trial Court has formulated the following issues :- (1) Whether the plaintiffs prove that defendants are tenant in arrears of rent, for more than 6 months at a time ? (2) If yes, whether they are entitled to a decree for possession of the suit premises ? (3) Whether the suit is bad for want of legal notice ? (4) Whether the suit is bad for non-joinder of necessary parties ? (5) What order and decree ?