(1.) Bhil Kanji Bhagwan, petitioner-original defendant since deceased through his heirs and legal representatives have filed this Civil Revision Application under Sec. 29 of the Bombay Rent Act, challenging the judgment and decree dated 30th April, 1979, passed by the learned District Judge, Rajkot, in Civil Appeal No. 109 of 1978. The learned Judge by his impugned judgment was pleased to allow the appeal and was pleased to quash and set aside the judgment and decree dated 31st August, 1978, passed by the learned Jt. Civil Judge (J.D.), Rajkot in Regular Civil Suit No. 886 of 1975 filed by original plaintiff Karsan Bijal and others respondents herein.
(2.) The facts giving rise to this Civil Revision Application are as under :
(3.) Mr. S. M. Shah, learned Counsel for the petitioner has invited my attention to the provisions of Order 41, Rule 31 of the Civil Procedure Code which provides as under :
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