NARENDRA RAMANLAL PATHAK Vs. ASHOKBHAI ISHWARBHAI DALWADI

JUDGEMENT

(1.) THE present Civil Revision Application under section 29(2) of the Bombay Rent Act has been preferred by the applicant herein original plaintiff to quash and set aside the impugned judgement and order dated 22/10/2001 passed by learned Assistant Judge, Panchmahals, Godhra in Regular Civil Appeal No.15 of 2000, by which, learned Appellate Court has allowed the said appeal preferred by the respondent herein original defendant and has quashed and set aside the judgement and decree passed by learned Trial Court decreeing the suit and passing eviction decree against the respondent herein original defendant.

(2.) THAT the applicant herein original plaintiff - landlord instituted Regular Civil Suit No.432 of 1987 against the respondent herein original defendant tenant in the court of learned Joint Civil Judge (J.D.), Halol for recovery of possession/ eviction decree on number of grounds inclusive of on the ground that original defendant is in arrears of rent for more than six months; that the plaintiff required suit property for his personal and bonafide requirement; that the defendant -tenant had put up permanent construction without prior permission of the landlord and also on the ground of non -user of the suit premises by the original defendant for more than six months preceding the date of filing of the suit.

(3.) THAT the suit was resisted by the original defendant by filing written statement denying all the averments made in the suit and denying non -payment of arrears of rent for more than six months and not using the suit property for more than six months and suit property is required bonafidely by the landlord, etc. The suit was also resisted by submitting that the suit property belongs to Trikamlal Mandir Trust and as the original plaintiff i.e. Ramanlal Chunilal Pathak was Administrator of the said Trust, the suit filed by the original plaintiff at his instance, is not maintainable. The suit was also resisted on the ground that the suit has been filed without the prior permission of Charity Commissioner and therefore the same is not maintainable.