HASMUKLAL MOTILAL SONI Vs. GUNVANTBHAI PRAGJIBHAI CHAMPANERI DECD

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 has challenged the judgment and order dated 12.03.2008 passed by learned Additional District Judge, Fast Track Court No.1, Surendranagar in Regular Civil Appeal No.13/2004, by which, the Appellate Court has set aside the judgment and order dated 31.12.2003 passed by Second Joint Civil Judge (Senior Division), Surendranagar in Regular Civil Suit No.105/1999 is quashed and set aside.

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

(3.) ON the other hand, Mr.Sandeep N.Bhatt, learned Advocate appearing on behalf of the respondent has opposed the submissions made by learned Advocate for the petitioner and supported the impugned judgment and order passed by the lower appellate Court. 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.