CHOPAJI TALAJI PRAJAPATI Vs. GORDHANBHAI SAVAJI VANZARA

JUDGEMENT

(1.) This petition is filed by the petitioners under Article 227 of the Constitution of India challenging the order passed below Exh.129 whereby application given by the respondents - original plaintiffs praying to strike out the right to defence of the petitioners - original defendants under Sec. 11(4) of the Gujarat Rent, Hotel and Lodging House Rates Control Act, 1947 came to be partly allowed vide order dtd. 8/1/2018 passed by the learned Principal Civil Judge, Galteshwar at Sevalia below Exh.129 in Regular Civil Suit No.10 of 2002 directing the petitioners - original defendants to deposit at the rate of Rs.1000.00 per month towards rent for 176 months, which would come to Rs.1,76,000.00 and thereafter continue to pay Rs.1000.00 towards rent and in default thereof their right to defend the suit would be striked off.

(2.) When the matter is called out for hearing, learned advocates for the appearing parties have requested the Court to dispose of the matter finally.

(3.) Heard Mr. Jay R. Shah, learned advocate for Mr. Jinesh Kapadia, learned advocate for the petitioners - original defendants. The petitioners - original defendants submitted that what is recorded in the impugned order that the petitioners - original defendants though denied the rent of the rented premises to be Rs.1000.00 have not stated what rent they were paying to the landlord is ex facie incorrect. Drawing attention of the Court to the written statement Exh.13 as also reply to the suit notice issued by the plaintiffs - landlord, it is submitted that the tenants were paying Rs.1080.00 as rent to the landlord per year, and therefore, the learned Judge has without application of mind recorded that the tenants have failed to show in their written statement that what rent they were paying while denying the claim of the landlord at the rate of Rs.1000.00 per month. Based on such erroneous finding, the impugned order has come to be passed, and therefore, he has requested the Court to admit and allow the petition.