RAMESHVAR MADHULAL SHAH Vs. GORDHANBHAI

JUDGEMENT

(1.) The petitioner original defendant- tenant, by way of the present Revision Application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("the Rent Act" for short), has challenged the judgment and decree dated 28.7.2004, passed by Small Causes Court, Ahmedabad, in HRP Civil Suit No. 812 of 1999, by which the suit filed by the present respondents plaintiffs, is decreed under Section 13(1)(k) of the Act as well as the judgment and order dated 22.8.2006, passed in Civil Appeal No.108 of 2004 by the Appellate Bench of the Small Causes Court at Ahmedabad, whereby confirmed the judgment and decree of the Trial Court.

(2.) Brief facts arising from the record of the present case are as under:

(3.) After considering the pleadings of the parties, the Trial Court framed issues at Exhibit-34. The plaintiff examined himself and other three witnesses in support of his case. The defendant examined himself and one witness in support of his case. After considering the depositions of the witnesses and evidences on record, the learned Trial Court passed a decree in favour of the landlord plaintiff only on the ground that the suit premises was not used by the defendanttenant for the purpose for which the premises was let to the defendant without reasonable cause for a continuous period of more than six months immediately preceding the date of filing of the suit. It was held that the suit premises was not at all used by the defendant tenant since last 7-8 years and accordingly it was held that the landlord is entitled for a decree under Section 13(1)(k) of the Rent Act. Rest of the contentions were negatived by the Trial Court.