JAYSHREE PULVERIZERS Vs. JAMALBHAI MAHMADBHAI LAKDAWALA

JUDGEMENT

(1.) This application for review of judgment and order dated 25.10.2019 passed in Second Appeal No. 383 of 2019 with Civil Application No. 1 of 2019 passed by the late Justice G. R. Udhwani arises from the fact that a lease agreement in respect of the suit property, entered Into between the opponent - original plaintiff (for short "landlord") and the appellant (for short "the tenant") on 04.04.1979 for a period of 25 years expired on 03.04.2004. According to the learned counsel for the tenant, lease of immovable property was for manufacturing purpose. On the date of the execution of the agreement it was governed by the provisions of the Bombay Rent Act. However, the learned Judge has held that the inter-se obligations and the rights would be governed by Transfer of Property Act not Rent Act.

(2.) Justice Udhwani having expired, this review application is placed before me. The appellant challenged judgment and decree dated 30.07.2019 rendered by learned Second Additional District Judge, Chhota-Udepur in Regular Civil Appeal No.37 of 2017 confirming the judgment and decree of eviction rendered by the learned Principal Civil Judge, Chhota-Udepur on 31.12.2012 in Regular Civil Suit No. 36 of 2004 is sought to be assailed in this appeal under Section 100 of the Code of Civil Procedure (for short "CPC").

(3.) Heard Mr. Percy C. Kavina, learned Senior Advocate appearing with Mr. Lalji R. Mokaria, learned advocate for the applicants and Mr. Mehul S. Shah, learned Senior Advocate appearing with Mr. A. R. Kadri, learned advocate for the respondents.