KUMBHAR VALJIBHAI PARSOTTAMBHAI Vs. KUMBHAR GALALBEN NARSINHBHAI

JUDGEMENT

(1.) THIS revision application has been preferred against the judgment and order passed by the learned 2nd Extra Asst. Judge, Junagadh in Regular Civil Appeal No.100/1989 dated 21.08.1997 whereby, the said appeal was allowed and the judgment and decree passed by the learned 2nd Jt. Civil Judge (J.D.), Junagadh in Regular Civil Suit No.794/1981 dated 06.07.1989 was set aside and the appellants, org. defendants no.2 to 4 were directed to hand over vacant possession of the suit property to the respondent, org. plaintiff.

(2.) THE facts in brief are that original respondent no.1 herein, org. plaintiff, preferred R.C.S. No.794/1981 before the Court of learned Civil Judge (S.D.), Junagadh inter alia stating that he is the owner of the house situated near the Tar Bungalow in Kumbharwada area of Junagadh City. A certain part of the house, viz. a hut, was given on rent to deceased Parsottambhai Jivabhai, father of org. defendants no.1 to 3 and husband of org. defendant no.4 on a monthly rent of Rs.15/-. Prior to the filing of the suit in question, Parsottambhai Jivabhai died and the org. defendants used to reside at the suit premises. On the ground that the defendants are tenants in arrears of rent, org. respondent no.1 preferred the suit in question praying to direct the defendants to vacate the suit premises and to pay the arrears of rent and other benefits.

(3.) AFTER considering the facts and circumstances of the case, the lower appellate Court passed the eviction decree u/s.12(3)(A) and 12(3)(B) of the said Act. Looking to the evidence on record, I am of the view that the lower appellate Court has rightly passed the eviction decree against the defendants. I am in complete agreement with the reasonings given by and the findings recorded by the lower appellate Court in the impugned order and hence, find no reasons to entertain this revision application.