NAVINCHANDRA NATHALAL DOSHI Vs. JAGDISHBHAI SHANKERLAL MODI

JUDGEMENT

(1.) This is a revision application filed by the original defendant of HRP Suit No.2658 of 1991. The respondents herein are the original plaintiffs of the aforesaid suit. The petitioner-tenant was given on rent the premises, which is a bungalow, situated in Navrangpura area in the City of Ahmedabad, known as "Chandramouli Bungalow". The said premises is consisting of four blocks, out of which the defendant was given on rent one block, situated on the first floor, on western side, which is bearing Survey No.377/3/4. The plaintiff instituted the said suit for getting a decree for possession as provided by the Rent Act on the ground that the defendant is in arrears of rent as well as on the ground that after taking the rented premises, subsequently, the tenant has acquired suitable alternative accommodation and that, on that ground, he is required to be evicted from the suit premises.

(2.) The defendant denied the said suit by filing Written Statement, Exhibit 15. He denied the claim of the plaintiff for getting a decree for possession on the ground of arrears of rent as well as on the ground of acquisition of suitable alternative accommodation. It is the say of the tenant in the written statement that he has not purchased or acquired any alternative premises, as suggested by the plaintiff in the plaint, either in his name or in the name of his wife or in the name of his son, and in the written statement, it is stated that he is residing in the suit premises, along with his wife and son.

(3.) The trial court, thereafter, framed various issues at Exhibit 17. Issue No.2, which is framed by the trial court, is in connection with the acquisition of suitable and sufficient residence by the defendant-tenant. Both the sides led appropriate evidence on all the issues framed by the trial court. The trial court, after considering the evidence on record and after hearing both the sides, came to the conclusion that the plaintiff has proved his case regarding acquisition of alternative accommodation by the tenant. On the aforesaid ground, the trial court decreed the suit of the plaintiff for possession. The trial court also passed a decree to pay Rs.15,833.13 Ps. by way of permitted increases.