SHAIKH SHAKURNINSA A REHMAN Vs. YAKUBSHA GULABSHA

JUDGEMENT

(1.) BY way of present Revision Application, the applicants have inter alia prayed for quashing and setting aside the judgment and order dated 23rd July 1998 passed by the lower Appellate Bench, Small Causes Court, Ahmedabad, in Civil Appeal No.19 of 1994, whereby the Appellate Bench has set aside the judgment and decree dated 18th October 1993 passed by the trial Court in H.R.P. Suit No.3524 of 1986.

(2.) THE facts of the case in brief are that the applicants-landlords filed the suit stating that they are owners of the suit property which was let out to the respondent-tenant for residential purpose. It is the case of the applicant-landlords before the trial Court that the respondent-tenant paid rent upto 30th November 1984 and he is in arrears of rent from 01st December 1984. THE applicants also claimed decree of eviction from the respondent-original defendant stating that the suit premises is required by them for their personal use and occupation reasonably and bona fide. Further, it is the case of the applicants before the trial Court that the applicants have acquired suitable residence. THE said suit came to be ultimately decreed by the trial Court vide judgment and decree dated 18th October 1993.

(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 dismissed.