RABIYABIBI Vs. ABBASBHAI GULAMHUSSEIN SHAIKH

JUDGEMENT

(1.) AT the request of the learned Advocate Mr. J.T. Trivedi for the petitioner and learned Advocate Mr. Mehul S. Shah, for respondent No. 1, the matter is taken up for hearing for final disposal.

(2.) RULE . Mr. Mehul S. Shah, learned Advocate waives service of rule for respondent No. 1. The learned advocate Mr. J.T. Trivedi has declared that respondent Nos. 2, 2/1 to 2/4 and 3 to 5 are formal parties against which learned advocate Mr. Mehul S. Shah for respondent No. 1 has not taken any serious objection.

(3.) THE short facts of the case are that deceased father of the present petitioner -original plaintiff -Usmanbhai Ibrahimbhai Chandaljiwala was an original tenant of the suit premises situated in Ahmedabad City, Jamalpur area ward No. 3 bearing City Survey No. 4280 admeasuring 111.08 sq. yards at ground floor, M.C. No. 3376 and Tenament No. 2337 -0556 -00 -0101 -A at a monthly rent of Rs. 8/ - since 1925 and he died on 28.06.1952. The respondent No. 1 -original defendant No. 1 had purchased the said premises from erstwhile owner by registered sale deed in the year 1997. Further case of the present petitioner -original plaintiff is that she was born in 1946 and resided with her father in the suit premises along with her sisters. Her sisters are at present married and residing in matrimonial house. She is the legal heir of deceased Usmanbhai Ibrahimbhai and after the death of deceased father and mother Rehmatbibi, being unmarried daughter, she acquired tenancy right under Section 5(11)(C)(i) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for brevity herein after referred to as "the Rents Act"). It is further case of the petitioner that the petitioner is in possession of the suit premises as an heir of the original tenant. Since the present respondent No. 1 -defendant No. 1 threatened the petitioner to snatch away the possession of the suit premises, she filed H.R.P. Suit No. 1215 of 2012 against the respondent No. 1 -the present landlord as well as against all the legal heirs of Usmanbhai Ibrahimbhai. Along with the suit, petitioner has also filed an application for temporary injunction.