SARASWATIBEN VRAJLAL Vs. SAJJAN KUNVARBA JAGMALJI ZALA

JUDGEMENT

(1.) THIS revision application u/s.29(2) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 is preferred against the judgment and order passed by the learned Jt. District Judge, F.T.C., Surendranagar in Regular Civil Appeal No.24/1997 dated 21.03.2003 whereby, the said appeal was allowed and the judgment and decree passed by the learned Jt. Civil Judge (J.D.), Surendranagar in Regular Civil Suit No.07/1991 was quashed and set aside.

(2.) THE facts in brief are that the respondent herein, original plaintiff, granted her shop situated at old Junction road, Surendranagar, to the original tenant, Vrajlal Nandlal, on a monthly rent of Rs.25/-. Some time later, the respondent-plaintiff instituted a suit being Regular Civil Suit No.07/1991 before the Court of learned Civil Judge, Surendranagar inter alia stating that the suit premises were granted for personal use but, it was lying in a closed condition since last many years and therefore, a decree of eviction on the ground of non-user be passed against the tenant-original defendant. After hearing both the sides, the trial Court dismissed the suit of the respondent-plaintiff vide judgment and order dated 26.02.1997.

(3.) THEREAFTER, the lower appellate Court proceeded with the appeal. Ultimately, the said appeal came to be allowed by judgment and order dated 21.03.2003 whereby, the judgment and order passed by the trial Court dated 26.02.1997 was quashed and set aside and the legal heirs of the deceased-original tenant were directed to hand-over vacant and peaceful possession of the suit premises to the respondent-plaintiff within three months. Being aggrieved by the same, the petitioners have preferred the present revision application.