URESH SHANKERLAL BHATT Vs. SHARADKANTABEN SADHURAM SONI

JUDGEMENT

(1.) By way of present Revision Application, the applicant has inter alia prayed for quashing and setting aside the judgment and order dated 22nd January 2010 passed by the lower Appellate Bench, Small Causes Court, Ahmedabad, in Civil Appeal No. 279 of 2008 as well as the judgment and decree dated 22nd August, 2008 passed by the trial Court in H.R.R Suit No. 3601 of 2004.

(2.) The facts of the case in brief are that the applicant is the original defendant in the suit instituted by the opponent-original plaintiff being H.R.R Suit No.3601 of 2004 in the Small Causes Court, Ahmedabad, against the applicant- original defendant, to recover the possession of the suit premises and the arrears of rent as well as mesne profit, and also for a direction to the applicant herein to pay municipal tax, etc. inter alia on the grounds that the applicant was in arrears of rent as well as he did not pay the municipal tax.

(3.) Mr. K.B. Paneri, learned Advocate for the applicant-original defendant, has submitted that the Courts below have erred in appreciating the fact that the applicant was never in arrears of rent in view of provisions of Section 12(A) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (herein after referred to as 'the Act'); that the Courts below ought to have taken into consideration the fact that the applicant had sent the arrears of rent to the opponent as per the notice by way of a money order, which was refused by the opponent original plaintiff; that the Courts below have failed to appreciate the provisions of Sections 12(3)(a) and 12(3)(b) of the Act. In view of aforesaid submissions, it is prayed that present Revision Application may be allowed.