(1.) What is brought under challenge in the present Revision Application filed under Section 29(2) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, is judgment and decree dated 03rd October, 2012 passed in Regular Civil Appeal No.147 of 1999, by the Appellate Bench of the Small Causes Court, Ahmedabad. The Appeal was dismissed and in turn, judgment and decree dated 28th June, 1999, passed by the Small Causes Court No.6, Ahmedabad, in H.R.P. Suit No.46 of 1989, whereby it passed eviction decree against the original defendants was confirmed. Allowing the suit of the plaintiff-landlord, the Small Causes Court directed original defendant No.1 to pay Rs.630/- towards the rent due and Rs.11,160/- towards mesne profits. It was directed to the defendant Nos.1 and 2 to hand over vacant and peaceful possession of the suit properties-the shop on or before 29th September, 1999.
(2.) The decree was passed on the ground under Section 13(1)(e) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Bombay Rent Act' for sake of brevity). The applicants herein are the heirs of original defendant Nos.1 and 2. Original plaintiff is also represented by his heirs-the respondents herein.
(3.) A profile of relevant facts emerging from the pleadings of the parties and from the record may be outlined. The suit instituted by the landlordplaintiff- Abdul Karim Ramjanibhai Shaikh was for recovery of possession of rented premises. The suit premises was the shop bearing Municipal Survey No.3394 and Survey No.893/1/1 forming part of property Survey No.893 and property Municipal Census No.3394/2/3 situated in Dariapur-I Ward, Jordan Road, Ahmedabad. The suit was instituted against Banubibi Ibrahim and Ismailbhai being defendant Nos.1 and 2-applicants herein. Defendant No.1 Banubibi was wife of original tenant Ibrahimbhai whereas defendant No.2 happened to be the brother of said Ibrahimbhai. The plaintiff prayed for recovery of possession as well as mesne profit from 01st September, 1988 to 20th February, 1989 and the notice charges totaling Rs.700/-.