LILAVATIBEN KANJIBHAI PATEL Vs. MANSUKHLAL AMRUTLAL JOSHI

JUDGEMENT

(1.) Regular Civil Suit No.182 of 1998 instituted by the appellant-plaintiff against the defendanttenant came to be decided on 10th June, 2003 by learned 4th Joint Civil Judge (J.D.), Jamnagar, who passed decree for eviction of the tenant under Section 13(1) (l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Against that judgment and decree, the tenant preferred Regular Civil Appeal No.68 of 2003 which was allowed on 07th July, 2006 by learned President Officer, Fast Track Court No.2, Jamnagar, who in turn set aside the judgment and decree of the Trial Court.

(2.) Present Civil Revision Application under Section 29(2) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act' for sake of brevity) was thus filed by original plaintiff-landlord and is directed against the said judgment and order dated 07th July, 2006 in the aforesaid Regular Civil Appeal.

(3.) The suit was instituted on 02nd May, 1998 by the applicant-plaintiff for decree of eviction. Initially it was on the ground of arrears of rent. As per the case of the plaintiff-landlord the suit premises known as Mahadev Har House was rented out to the defendant on monthly rent of Rs.800/-. The suit notice terminating the tenancy was issued (Exh.51). The plaint was subsequently amended as per Exhibit 14 application filed on 30th March, 1998 and allowed on 03rd February, 1999. It was pleaded that the tenant was allotted a residential house being Quarter No.34, Block No.B-3 in the Bedeshar area as per allotment letter dated 04th August, 1998 and it was further stated that the tenant had assumed possession thereof.