SUTHAR VISHNUBHAI Vs. PATEL NIMESHKUMAR SHANKARLAL

JUDGEMENT

(1.) This Civil Revision Application is filed under Sec. 115 of the Code of Civil Procedure, 1908 ('CPC' for short) by the applicant-original defendant challenging the order dtd. 4/10/2021 passed by the Principal Senior Civil Judge, Visnagar below application Exh.5 in Regular Civil Suit No.30 of 2016.

(2.) Heard learned advocate Mr.Jaimin Dave for the applicant and learned advocate Mr.Mahesh Bhavsar for the respondents-original plaintiffs-caveators. Learned advocates for the parties jointly requested that looking to the issue involved in the present application, this application may be finally disposed off at admission stage. Accordingly, the same is taken up for hearing and disposed off finally at admission stage.

(3.) Learned advocate for the applicant submitted that the applicant obtained shop in dispute on lease from one Pandya Kamraben Chhotalal in the year 1980 for a monthly rent of Rs.50.00 and thereafter the applicant commenced business of embroidery in the name and style of 'Shivam embroidery '. Thereafter, he obtained the registration under the Shops and Establishments Act bearing registration no.4271 of 1981 and said registration has been renewed from time to time. The applicant has also paid monthly taxes and electricity bills for the shop in dispute from time to time. It is also submitted that the applicant has also regularly paid rent to Pandya Kamraben Chhotalal. Thereafter, on 19/5/2002, Pandya Kamraben Chhotalal died and her legal heir Pandya Jagdishkumar Chhotalal @ Babaldas became owner of the shop in dispute. In November, 2003, said Pandya Jagdishkumar Chhotalal was in need of funds. Hence, mortgage deed was executed between the applicant and said Pandya Jagdishkumar Chhotalal wherein also, the applicant was acknowledged as lawful tenant of the shop in dispute.