KAMLABEN RANCHHODBHAI Vs. HARSUKHLAL ZAVERCHAND VAID

JUDGEMENT

(1.) The petitioners herein are the tenants of the suit premises and the respondent is the landlord of the same. The respondent-landlord filed an application before the Civil Judge (J.D.), Jetpur, being Civil Miscellaneous Application No.40 of 1987. The said Application was filed under Section 13A of the Bombay Rents Hotel and Lodging House Rates Control Act. By filing the aforesaid application, it was prayed that the applicant wants to repair the suit premises and after removing the roof, he wants to construct a building with a terrace by putting a cement slab over the suit property. In the application, the landlord stated that there is another vacant room available, which is in the occupation of the landlord and he is willing to give the said alternative premises to the tenant for temporary occupation till the rented premise is renovated.

(2.) The trial court, by its order dated 31.1.1991, allowed the said application and granted permission to the applicant-landlord to renovate the premises for the purpose of putting the slab and constructing terrace as per the sanctioned plan granted by the Nagarpalika. It is ordered by the trial court that till the said work is carried out, the tenants, i.e. the petitioners herein, may vacate the rented premises and may shift their occupation to the alternative premises offered by the landlord. After the house in question is constructed, the tenant can re-occupy the tenanted premises. The trial Court also ordered that the construction may be completed shortly and thereafter, within two months, the rented premises may be re-allotted to the tenants.

(3.) Since the original application was submitted by the respondent-landlord under Section 13A of the Bombay Rent Act and as the said order is not an appealable order, the petitioners preferred a revision application under Section 29(3) of the Bombay Rent Act. The said revision was preferred before the District Court at Gondal and the said revision was disposed of by the Second Extra Assistant Judge, Rajkot District, at Gondal, who, by his order dated 20.1.1998, rejected the revision application. The petitioners are accordingly challenging the aforesaid orders by way of the present Special Civil Application which is filed under Article 227 of the Constitution of India.