GYANSINGH DILIPSINGH Vs. MADHAVLAL RATANLAL KOSHTI

JUDGEMENT

(1.) The petitioner ori. defendant has filed this Civil Revision Application under Section-29(2) of the Bombay Rent Act challenging the judgment and order passed by the Appellate Bench of Small Causes Court, Ahmedabad in Appeal No.104 of 2002 dated 20.1.2010 as well as the judgment and order passed by the learned Small Causes Court in H.R.P. No.988 of 1999 dated 25.2.2002 and thereby allowing the Suit filed by the present respondent ori. plaintiff to hand over the possession of the suit premises.

(2.) Heard Mr. C.B.Dastoor, learned advocate appearing for the petitioner and perused the orders passed by the Courts below.

(3.) The brief facts giving rise to the present petition are that the respondent ori. plaintiff has filed H.R.P. No.988 of 1999 against the petitioner ori. defendant stating that the plaintiff is the owner of the suit premises and defendant is tenant with monthly rent of Rs.22/- plus Municipal Tax. Since the defendant has not paid the rent of suit premises and he is tenant in arrears of rent for more than six months and not paid Municipal Taxes, the Suit was filed against the defendant. After framing of the issues and after considering the evidence, oral as well as documentary, the learned Small Causes Court Judge has come to the conclusion that the defendant was tenant in arrears and hence the decree was passed in favour of the plaintiff and against the defendant.