KASAMBHAI HASAMBHAI PINJARA Vs. CHUNILAL BHIMJIBHAI DHANAK

JUDGEMENT

(1.) BY way of the present Revision Application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short the Rent Act ), the original defendant/respondent-tenant has challenged the judgment and order dated 18.06.2009 passed by learned Principal District Judge, Amreli in Regular Civil Appeal No.12/1992, by which, the learned District Judge allowed the Appeal filed by the landlord against the dismissal of his eviction suit and quashed and set aside the judgment and decree dated 31.03.1992 passed by the then Civil Judge (Junior Division) in Regular Civil Suit No.06/1990.

(2.) THE brief facts emerges from the record of the case are as under:

(3.) ON the other hand, Mr.P.J.Kanabar, learned Advocate appearing on behalf of the respondents has opposed the submissions made by learned Advocate for the petitioner and supported the impugned judgment and order passed by the lower appellate Court. In support of his contention, Mr.P.J.Kanabar, learned advocate has relied upon the judgments of Kikubhai Pashottambhai Patel Vs.Babubhai Vallabhbhai Patel, 2005(1) G.L.H.602, Jayshreeben Vasantkumar Vithlani Vs. Manjibhai and Company and another, 2007(1) G.L.H.248 and Bhil Kanji Bhagwan (since dead) through his heirs Laxmiben Kanji and others Vs.Bhil Karsan Bijal and others, 2003(3) G.L.H.2080 and submitted that if the appellate Court has discussed all the points and arguments in the body of the judgments, no interference is called for in the matter either in the second Appeal or in the Revisional jurisdiction provided under the Bombay Rent Act. He further submitted that the first Appellate Court has considered the case on merits and the judgment and order passed by the lower Appellate Court is just, legal and proper and the same would not stand vitiated merely because points of determination have not been formulated by the lower Appellate Court and, therefore, there is no need to remand the case for fresh consideration to the first Appellate Court.