NATHURAM JIVARAM SRIVAS Vs. NIRPEX PURSHOTTAMBHAI RATHOD

JUDGEMENT

(1.) MR . S.K.Bukhari, learned advocate appearing for the petitioner requested for time on 1.2.2013 on the ground that he wants to prepare himself so that he can argue the matter. Accepting his request, the matter came to be adjourned to today.

(2.) EVEN today Mr.S.K.Bukhari, learned advocate is not at all ready with the matter either on facts or law. I would have dismissed the petition on this ground alone but since the rights of party with regard to tenancy under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (hereinafter referred to as the Rent Act) are involved, I have decided the case after perusing the judgement and order of the Trial Court as well as the Appellate Court.

(3.) THE landlord challenged the said decision dated 22.10.2007 passed in Regular Civil Suit No. 286 of 2000 by the 2nd Additional Senior Civil Judge, Ahmedabad (Rural) by way of preferring Regular Civil Appeal No. 57 of 2007 in the Court of Learned 6th Additional District Judge, Ahmedabad (Rural). The learned Appellate Court allowed the said appeal and came to the conclusion that the plaintiff, being legal heir of the original owner, automatically became the owner of the suit premises and in absence of any documents with regard to the payment of rent, the defendant - respondent tenant was in arrears of rent and passed the decree of eviction. The said decision passed in Regular Civil Appeal No. 57 of 2007 dated 3.3.2012 is under challenge by way of present Civil Revision Application under Section 29(2) of the Rent Act, by the defendant - tenant.