PUNJABHAI POLABHAI BHARWAD Vs. MANJULABEN CHANDRAKANT DOSHI

JUDGEMENT

(1.) THE point centripetal in the present revision application is whether Exhibit 99 -rent receipt can be said to have been proved for its contents evidencing the payment of rent by the tenant.

(2.) PREFERRED by the original defendant -tenant, this revision application under Section 29(2) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Bombay Rent Act' for sake of brevity), is preferred against judgment and order dated 17th October, 2006 delivered in Regular Civil Appeal No.60 of 1995 by learned Presiding Officer, Fast Track Court No.1, Ahmedabad (Rural). By that judgment, the lower appellate court set aside the judgment and order dated 31st August, 1995 of learned Joint Civil Judge (J.D.), Dholka in Regular Civil Suit No.437 of 1982.

(3.) SHORN off the unnecessary details, relevant facts may be stated. The respondent -landlady was the owner of survey No.141, Part III admeasuring 1 Acre and 27 Gunthas. The said land was situated in the Sim of Village Raika, Taluka Dholka. Initially there existed partnership between parties. The applicant constructed premises on the said land and started business of hotel/restaurant with the respondent in partnership. Later, the said partnership came to be dissolved. The land property along with premises of the restaurant was given on rent to the present applicant. Thus, after dissolution of partnership, a tenant -landlord relationship between the applicant and respondent was created.