SHANTABEN RAJUBHAI MARWADI BHIL Vs. MUNIR YOGESHKUMAR UPADHYAY

JUDGEMENT

(1.) The present Second Appeal under sec. 100 of the Code of Civil Procedure,1908, has been filed against the impugned judgment and decree dtd. 20/4/2022, passed by the Learned Additional District Judge, Aravalli in Regular Civil Appeal no. 23 of 2021. ( In short, "impugned order").

(2.) This matter was listed for admission hearing and Mr. D.B. Kothari learned counsel appearing for the respondent has raised preliminary objection as regards the maintainability of the present Second Appeal on the ground that the impugned judgment and decree challenged by the appellant - original defendant arises out of the appeal filed by the present appellant under Sec. 29 of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947. ( in short, "the Rent Act , 1947").

(3.) Learned counsel for the respondent submitted that the respondent being the original plaintiff had filed Regular Civil Suit No.79 of 2014 for recovery of possession of the rented premise as well as for arrears of rent against the appellant. He also drew the attention of this Court that the Suit was filed on 26/12/2014. The said Suit filed by the original plaintiff - respondent herein, came to be decreed in favor of the respondent.