KANAIYALAL SHAMBHUBHAI VEKARIYA Vs. SHUSHILABEN M JOSHI

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 ( the Rent Act for short), the original defendant-tenant has challenged the judgment and order dated 8.09.2011 passed by learned 3rd Additional District Judge, Rajkot, in Regular Civil Appeal No.87 of 2009, by which, the Appellate Court has quashed and set aside the judgment and order dated 30.6.2009 passed by the learned 3rd Additional Judge, Small Causes Court, Rajkot, in Regular Civil Suit No.63 of 2001 and the matter was remanded back to the Trial Court for particular issues regarding sub-letting of the disputed property by the tenant, tenant was in arrears of rent as well as readiness and willingness to pay the rent to the landlord.

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

(3.) ON the other hand, Mr.B.P. Munshi with Mr. J.R. Pandya, learned Advocates appearing on behalf of the respondent - landlord 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.