NILESH VITHALBHAI PATEL Vs. JAGDISHCHANDRA PURSHOTTAM BHATT

JUDGEMENT

(1.) The petitioner original defendant has filed this Civil Revision Application against the judgment and decree passed by the Appellate Bench of the Small Causes Court at Ahmedabad in Civil Appeal No.128 of 1999 confirming the judgment and decree passed by the learned Small Causes Court Judge, Ahmedabad in HRP Suit No.2552 of 1986.

(2.) This Civil Revision Application was admitted and rule was issued on 02.09.2005 and interim relief was granted in terms of paragraph 7 (b) on usual terms whereby the execution and operation of the decree passed in HRP Suit No.2552 of 1986 as confirmed by the Appellate Bench of the Small Causes Court Judge, Ahmedabad in Civil Appeal No.128 of 1999 was stayed.

(3.) The brief facts giving rise to the present Civil Revision Application are that the present respondent original plaintiff has filed HRP Suit No.2552 of 1986 stating therein that he is the owner of the property situated in the city of Ahmedabad in Ellisbridge ward, Opposite Nagari Hospital in Bharti Co-operative Housing Society Limited bearing Bungalow No.16-B and out of it, except half of the room on the first floor, rest of the first floor was in possession of one Kashiben Bhailalbhai Patel as tenant. The said tenant expired in July 1975 and after her death, Shri Manibhai Shivabhai Patel being the husband of Kashiben became the tenant of the suit premises. The said Manibhai S. Patel also expired on 14.04.1986 without leaving any heir and representative. The rent of the premises was Rs.23/- per month inclusive of municipal taxes and exclusive of education cess and electrical burning charges. It is further alleged in the suit that there were several litigations with original tenants Kashiben and Manibhai and lastly, HRP Suit No.4130 of 1975 was filed by the plaintiffs against the tenant Shri Manibhai and thereafter another suit No.1568 of 1976 was filed against him for the relief of necessary injunction. Both the suits were consolidated and have been decided by a common judgment on 21.12.1979. The suit for possession being HRP Suit No.4103 of 1975 filed by the plaintiff was dismissed. But another Suit No.1568 of 1976 filed by the plaintiff for the relief of necessary injunction was decreed in his favour and thereby the tenant Manibhai was permanently restrained from subletting or transferring or assigning the suit premises and he was also permanently restrained from subletting or transferring or assigning the suit premises to his brother Vitthalbhai or the son of Vitthalbhai i.e. Nileshbhai who is the present petitioner and the defendant in the suit. It is further alleged that the plaintiff had filed Civil Appeal No.138 of 1980 against the dismissal of the Suit No.4103 of 1975 and the deceased tenant Manibhai also filed Civil Appeal No.151 of 1980 against the grievance of the permanent injunction granted by the Court against him in HRP Suit No.1568 of 1976. Both these Appeals came to be dismissed by the Appellate Bench vide its common judgment dated 30.11.1983.