GOPINATHJI DEV MANDIR TRUST Vs. ISHWARBHAI DHIRAJLAL PAREKH

JUDGEMENT

(1.) The petitioners - original plaintiffs have filed this Civil Revision Application under Section 29 (2) of the Bombay Rent Act challenging the judgment and order dated 06.01.1994 passed by the learned Assistant Judge, Bhavnagar in Regular Civil Appeal No.129 of 1986 setting aside the judgment and decree passed by the learned Joint Civil Judge (J.D.), Botad on 30.09.1986 in Regular Civil Suit No.73 of 1981.

(2.) This Civil Revision Application was admitted and rule was issued on 23.02.2005.

(3.) Mr. Dipak M. Thakkar, learned Advocate appearing for the petitioners has submitted that the petitioner No.1 - Trust and its Trustees have filed Regular Civil Suit No.73 of 1981 before the learned Civil Judge (J.D.), Gadhda against the respondents for obtaining the decree of eviction on the ground of acquisition of alternative suitable accommodation and non -user of the said suit premises. The said suit was filed by the then Trustees of the Trust. He has further submitted that the respondent appeared in the said suit and filed his written statement. After filing of the suit, the election of the Trust took place on 15.04.1984 and the new Trustees were elected therein. As a result of the said change in the new Trustees, the present petitioners were brought on record of the suit vide application dated 21.06.1984. After hearing the parties and considering the evidence on record, the learned Trial Judge has passed the decree and judgment on 30.09.1986 on the ground of acquisition of alternative suitable accommodation by the respondent under Section 13 (1) (d) of the Act.