RAMANBHAI H PARMAR Vs. SONI SUSHILABEN OCHCHANLAL

JUDGEMENT

(1.) This revision under Sec. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Act' for short) has been filed against the judgment and decree dated 3.2.1992 passed by the learned Extra Assistant Judge, Mehsana, in Regular Civil Appeal No. 37 of 1989 whereby he has confirmed the judgment and decree dated 28.2.1989 passed by the learned Civil Judge (J.D.), Visnagar in R.C.S. No. 129 of 1986.

(2.) The facts in short leading to file the present revision are as under; 2.1 The respondent-original plaintiff filed Regular Civil Suit No. 129 of 1986 against the petitioner-original defendant for possession of the suit premises on various grounds namely, destruction of property, unlawful occupation of chowk and kitchen, permanent alteration, bona fide personal requirement, acquisition of alternative accommodation and arrears of rent. In short, suit was filed on all available grounds under the Act. At the end of trial, suit was dismissed by the Court below on all grounds except arrears of rent and decree for possession under the provisions of Sec. 12(3)(A) of the Act was passed. Against which, an appeal being Regular Civil Appeal No. 37 of 1989 was filed by the present petitioner in the Court of District Judge, Mehsana. However, said appeal was also rejected. Hence, the present revision has been filed.

(3.) Since the plaintiff has not preferred any appeal against the judgment and decree of the trial Court, it becomes final between the parties and hence, this Court is required to deal with only the ground on which decree for possession under Sec. 12(3)(a) of the Act was passed i.e. the arrears of rent. Therefore, learned counsel for the parties have restricted their arguments on that point alone.