DAYABEN DURLABHJI DAVDA Vs. CHNADRESHKUMAR PRAMODRAI

JUDGEMENT

(1.) The petitioner / ori. defendant has filed this Civil Revision Application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 challenging the order and judgment passed by the learned Extra Assistant Judge, Junagadh in Regular Civil Appeal No.92 of 1980 reversing the judgment and decree passed by the learned Second Joint Civil Judge (J.D.) Junagadh on 14.3.1980 in Regular Civil Suit No.404 of 1976.

(2.) The Civil Revision Application was admitted and rule was issued on 26.10.1983 and on applicant depositing all the arrears of rent / mesne profit within four weeks from the date of receipt of the writ and further depositing future rent / mesne profit as it accrues and due from time to time, the execution of decree for possession only passed by the Extra Assistant Judge, Junagadh in Regular Civil Appeal No.92 of 1980 arising from Civil Suit No.404 of 1976 was stayed till further order or final disposal of the Civil Revision Application.

(3.) During the pendency of this Civil Revision Application the applicant ori. defendant I.e. Durlabhji Lalji expired and hence his legal heirs are brought on record of this Civil Revision Application.