AMRUTLAL RANCHHODDAS Vs. DILIPKUMAR NANDLAL JOSHI

JUDGEMENT

(1.) THIS revision application has been preferred challenging the judgment and order passed by the learned 3rd Addl. District Judge, Surat in Regular Civil Appeal No.32/1998 dated 31.08.2009 whereby, the said appeal was dismissed and the judgment and decree passed by the Small Cause Judge, Surat in Small Cause Suit No.557/1984 dated 05.03.1998 has been confirmed.

(2.) THE facts in brief are that the property bearing 'nondh' nos.2588 to 2618 paiki & 'nondh' no.2595 situated at Ward no.6, Swaminarayan Wadi, Rnganathpura, Surat is the ownership of the respondent, org. plaintiff. THE said property was leased to Ranchhoddas Kuberdas, who had expired some where in the year 1974, for residential purpose on a monthly rent of Rs.341/-. THE appellants herein, org. defendants, are the legal heirs of deceased Rachhoddas Kuberdas.

(3.) SUFFICIENT opportunity was granted to the defendants to cross-examine the plaintiffs. However, the defendants neither cross-examined the plaintiffs nor made any attempt to re-open their right of cross-examination for reasons best known to them. Thus, it was established on record that the defendants had filed to pay rent to the plaintiff.