PRANJIVANDAS VIRJIBHAI Vs. PRAVINKUMAR MOHANLAL MODI

JUDGEMENT

(1.) The Petitioners - ori. Defendants have filed this Civil Revision Application under Section 115 of the Code of Civil Procedure praying for quashing and setting aside judgment and order 20.12.2002 passed by the learned Small Causes Judge at Ahmedabad below Ex.85 in H.R.P. Suit No. 412 of 1996 and thereupon allowing the said application of the Respondent only for the limited purpose of withdrawing the said Civil Suit from the file of Small Causes Court, Ahmedabad with a liberty to file another Suit on the same cause of action under Order 23, Rule 1(3)(a) of the Code of Civil Procedure.

(2.) The said Civil Revision Application was admitted and rule was issued on 6.2.2004. On service of notice of rule Mr. Rajkumar N. Vora, learned advocate appears and filed his appearance on behalf of the Respondent.

(3.) The brief facts giving rise to the present Civil Revision Application are that the present Respondent had filed Civil Suit being H.R.P. Suit No. 412 of 1996 in the Court of Small Causes Judge, Ahmedabad against the Petitioners as well as two other persons in the name and style of "Zaveri & Company Jewellers" and "Zaveri & Company Rajkotwala Jewellers", inter alia, seeking a decree for possession of the suit premises under the provisions of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 on the premises that the Respondent is the exclusive owner of the suit premises, which has been leased out to the Petitioners, and as the Petitioners have committed various defaults under the provisions of the said Act, the Respondent has become entitled to recover the possession thereof from the Petitioners.