MANJIBHAI AND CO Vs. MULCHAND VASANJI KAKAIYA

JUDGEMENT

(1.) THIS revision u/s.29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act (for short, ?the said Act?) is directed against the common judgment and order passed by the learned Assistant Judge, Rajkot in Regular Civil Appeal No.26/1993 and Civil Misc. Application No.4/1993 dated 17.03.1999 whereby, both the Appeal as well as Misc. Civil Application were rejected and the common judgment and order passed by the Small Causes Court, Rajkot in Regular Civil Suit No.11/1985 and Civil Misc. Application No.467/1985 dated 04.02.1993 was confirmed.

(2.) THE petitioner, original plaintiff no.1, is a registered partnership firm, having its Office at Rajkot. THE petitioner-plaintiff had let the property of its ownership, named, ?Triveni Building?, situated at Dr. Yagnik Road, District Rajkot to respondent, original defendant, on a monthly rent of Rs.250/- in the year 1970.

(3.) MR. S.M. Shah learned counsel appearing on behalf of the petitioners submitted that both the Courts below have erred in holding that the respondent-defendant was not in arrears of rent in spite of the fact that in his cross-examination before the trial Court (Exhibit-99), the defendant specifically admitted that he had not paid rent, as demanded in the suit notice issued by the petitioner-plaintiff and had also not deposited the arrears at the time of filing C.M.A. No.467/1985 before the trial Court. He submitted that the Courts below ought to have appreciated the above aspects of the case and passed the decree of eviction in favour of the petitioner-plaintiff.