CHAMPAKLAL CHHOTALAL Vs. PARVATIBEN KUBERBHAI

JUDGEMENT

(1.) The present revision application is filed by the defendants against the opponent-plaintiff. The plaintiff had filed the suit against the tenants being Civil Suit No. 80 of 1973 in the Court of the learned Civil Judge (S. D.) at Surat which was, on the formation of the Small Cause Court, numbered as Small Cause Case No. 1309 of 1975. The suit was filed against the tenants under the Bombay Rent Act under Sec. 13(1)(A) and (L). The plaintiff's suit for the possession of the suit premises was dismissed but a decree was passed in favour of the plaintiff for recovery of an amount of Rs. 33.00 from the defendant No. Against the said decree the plaintiff filed the appeal being Regular Civil Appeal No. 303 of 1977 and the said appeal has been decided by the learned Extra Assistant Judge, Surat, on 5/04/1980 by allowing the appeal. The judgment and the decree of the trial Court dismissing the suit was set aside and the suit of the plaintiff-appellant for possession was allowed and the defendants-respondents were ordered to vacate and hand over the possession of the suit premises on or before 30/06/1980 failing which the appellant-plaintiff to recover the same by the aid of the Court.

(2.) The facts in the present case can be briefly stated as under.

(3.) The plaintiff is the owner of the property bearing Nondh No. 3933 of Ward No. 7 situated at Malar Sheri, Surat. The said property consists of ground floor, first floor and the loft. Before the property was rented in the name of the defendant No. 1 the property was occupied by the elder brother-Pujalal as a tenant. Thereafter the present defendants Nos. 1 and 2 and one another brother-Jayantilal and their mother had also come to reside with said Pujalal when he had got the suit property on rent.