PHATANDAS CHELLARAM BHARANEY Vs. KASHIBEN I PATELIA

JUDGEMENT

(1.) The petitioner - original plaintiff has filed this Civil Revision Application under Section 29 (2) of the Bombay Rent Control Act praying for quashing and setting aside the judgment and decree dated 11.09.2006 passed by the Small Causes Court at Vadodara in Rent Suit No.395 of 2000 and also the judgment and decree dated 11.08.2007 passed by the learned Principal District Judge at Vadodara in Regular Civil Appeal No.110 of 2006.

(2.) This Court has issued notice on 02.11.2007. Civil Revision Application was admitted and rule was issued on 26.03.2008. Initially, Mr. B.Y. Mankad, learned Advocate appeared on behalf of the petitioner. However, by an application dated 02.02.2009, the petitioner had chosen to appear personally in this matter and accordingly, Mr. Mankad was relieved from the proceedings. The Court has also passed an order on 04.03.2010 directing the Registry not to show the name of Mr. B.Y. Mankad as an Advocate appearing for the petitioner. The petitioner has filed various submissions in writing from time to time before this Court. He being very old person, could not appear on the last date of hearing and relied on the submissions already filed before the Court.

(3.) It is the case of the petitioner that the petitioner has filed Rent Suit No.395 of 2000 in the Small Causes Court at Ahmedabad for getting possession of the suit shop on the grounds of arrears of rent, subletting and change in nature of business. The learned Trial Judge by his judgment and order dated 11.09.2006 dismissed the said suit of the petitioner.