CHAMPABEN BALVANTRAI BHATT Vs. MANIBEN MAGANLAL PATEL

JUDGEMENT

(1.) The petitioners -original plaintiffs have filed this Civil Revision Application under Section 29(3) of the Bombay Rent Act challenging the judgment and order passed by the Appellate Bench of Small Cause Court in Civil Appeal No. 383 of 1984 on 18th March, 1996 setting aside the judgment and decree for possession of the suit premises passed on 16th October, 1984 in HRP Suit No. 268 of 1980.

(2.) This Court has issued notice on 18.1.1997. Rule was issued on 7.4.1997. The respondent No. 1 could not be served because he was not found residing at the address given. During the pendency of the Civil Revision Application, Civil Application is filed by the applicant/original respondent No. 1 stating therein that she has become very old and there is no certainty of her life and therefore, she has vacated the suit premises. She has shifted to village Chikhodara, Ta: Borsad, Dist: Anand. There was no heir left by her and therefore, she desired to hand over possession of the portion in her possession, that is, back side one room of the suit premises. It is further stated in the said application that she has made a declaration before this Court on oath on 19th March, 2001. It is further stated that the respondent No. 2 namely Manubhai to whom she had sub let the premises i.e. one room in the front side, in which he was doing the business of preparing and selling food articles. It is further stated that pending Civil Revision Application before this Court, Manubhai had also left and Manubhai recommenced the name of one Dineshchandra Trikamlal Nayak to be the new sub -tenant and therefore, there was an understanding between respondent No. 1, said Manubhai and Dineshchandra Nayak and accordingly Manubhai had let front portion of the demised premises to Shri Dineshchandra Nayak and has put him in possession of the same on the same rent as sub -tenant which was paid by Manubhai to respondent No. 1.

(3.) The above Civil Application was disposed of by this Court on 23rd April, 2001 wherein it is observed that in view of the statement made in the application on affidavit and in view of the receipt of handing over possession of the rear room to the landlord, the statement made in the application was recorded and accordingly the said application was disposed of.