KAMLABEN DOULATRAM KHATRI Vs. DEVIDAS DULHANNOMAL

JUDGEMENT

(1.) The present revision application under Sec. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Rent Act ) emanates from the judgment and order dtd. 27/4/2015 passed by the appellate bench of Small Causes Court, Ahmedabad in Regular Civil Appeal No.104 of 2010, whereby the appellate court has allowed the appeal filed by the opponent-original defendant No.2 by setting aside the judgment and decree dtd. 29/9/2010 passed by the trial Court in HRP Suit No.727 of 2005. The parties shall be referred as per the original status in the suit proceedings.

(2.) The plaintiffs instituted HRP Suit No.725 of 2005, being landlords of the suit premises i.e. Shop No.2, admeasuring about 146.81 sq.yard, situated at the Ground Floor of Kandhari Apartment, in Survey Nos.54, 57 and 58 paiki, situated at Saijpur Bogha, District-sub-district Ahmedabad.

(3.) Learned advocate Mr.Dave appearing for the appellants-original plaintiffs has submitted that both the courts below have held in favour of the plaintiffs however, the appellate Court has allowed the appeal only on the point that the suit was liable to be dismissed since it was dismissed qua the original tenant-defendant No.1. He has submitted that the judgment and decree passed by the appellate court is required to set aside since the evidence on record reveals that the defendant No.1 had sublet the property to the defendant No.2 against the agreement executed between the plaintiffs and the defendant No.1. He has referred to such rent agreement dtd. 1/11/1988 (Exh.60).