ISHWARBHAI SHANTILAL CHAUHAN PRESIDENT Vs. BHANIBEN BHANABHAI

JUDGEMENT

(1.) BY way of present Revision Application, the applicants have inter alia prayed for quashing and setting aside the judgment and decree dated 12th June 2001 passed by the Appellate Bench, Small Causes Court, Ahmedabad, in Civil Appeal No.39 of 1992, whereby the Appellate Bench has reversed the judgment and decree dated 05th March 1992 passed by the trial Court in H.R.P. Suit No.1334 of 1985.

(2.) THE facts of the case in brief are that the applicants-original plaintiffs instituted H.R.P. Suit No.1334 of 1985 in the Small Causes Court, Ahmedabad, against the opponents- original defendants to recover the possession of the suit premises and the arrears of rent as well as mesne profit, etc. inter alia on the ground that the opponents carried out permanent structure and alteration in the rented suit premises without obtaining permission or consent of the applicant-Trust. 2.1 THE said suit ultimately came to be decreed partly by the trial Court vide judgment and decree dated 05th March 1992 and directed the opponents herein to hand over the vacant and peaceful possession of the suit premises to the applicant-Trust before the prescribed date and also to pay Rs.432/- towards rent and also to pay mesne profit from the date of filing of the suit till realisation of the possession of the suit premises and the costs of the suit. 2.2 Being aggrieved by the said judgment and decree, the opponents-original defendants preferred Civil Appeal No.39 of 1992 before the Small Causes Court at Ahmedabad. THE lower Appellate Court after appreciating the facts and circumstances of the case and the evidence produced on record as well as the impugned judgment and decree, allowed the said appeal by reversing the impugned judgment and decree. Hence, present Revision Application.

(3.) IN view of aforesaid, I am of the opinion that the lower Appellate Court has assigned cogent and convincing reasons for arriving at the impugned conclusion. Over and above the aforesaid reasons, I adopt the reasons assigned by the lower Appellate Court and do not find any illegality much less any perversity in the findings recorded. I am in complete agreement with the findings recorded by the lower Appellate Court. No case is made out to interfere with the findings recorded by the lower Appellate Court. Hence, present Revision Application deserves to be rejected.