JIVAMAL JETHAMAL Vs. MOHMAD ALIABDULLA

JUDGEMENT

(1.) The petitioner has challenged the order passed below Exh. 22 in Civil Miscellaneous Application No. 120/83 by invoking the aid of the provisions of Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter called the Act for short). When the Revision Application was called out today for hearing learned Advocate for the petitioner Mr. Chinoy was absent and the learned Advocate Shri G. R. Shaikh for respondent was present. Having heard Mr. Shaikh and having examined the facts of the present case this Court is of the opinion that the Revision is not maintainable under Section 29 of the Act but would be maintainable under Section 115 of the Civil Procedure Code. Hence it is ordered to be converted into Revision Application under Section 115 of the Code of Civil Procedure.

(2.) The short facts giving rise to the present revision may be narrated at this stage. The present petitioner is the original defendant-tenant whereas present opponents are the original plaintiffs-landlords. They are hereinafter referred to as tenants and landlords respectively.

(3.) The landlords initiated a legal battle by filing a Regular Civil Suit No.83/80 in the Court of Civil Judge (J.D.) at Bhavnagar against the tenant for the decree of eviction. The tenant appeared and resisted the suit. The Trial Court was pleased to decree the suit. The decree came to be passed against the tenant in the aforesaid suit on 3-4-1980.