LAWS(GJH)-2014-3-248

RAMAGAURI GORDHANDAS BHAVSAR Vs. SAKUBEN NATWARLAL RAJPUT

Decided On March 03, 2014
Ramagauri Gordhandas Bhavsar Appellant
V/S
Sakuben Natwarlal Rajput Respondents

JUDGEMENT

(1.) THIS Revision Application under Section 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ['the Bombay Rent Act, 1947, for short] is filed by the original defendant -tenant challenging the concurrent finding of both the Courts below, and is directed against the judgment and decree passed by the Appellate Bench of the Small Cause Court, Ahmedabad in Civil Appeal No. 88 of 2009 dated 17.12.2009. The Appellate Bench (the Appellate Court below), while dismissing the appeal summarily, confirmed the judgment and decree passed by the Trial Court i.e. the Small Cause Court No. 3, Ahmedabad in HRP Suit No. 1460 of 2005 dated 24.09.2009. The Trial Court had decreed the suit filed by the landlord and had ordered the defendant -tenant to hand over the vacant and peaceful possession of the suit property, the residential property, to the landlord on or before 15.11.2009.

(2.) THE Trial Court had, on the basis of pleadings before it, framed the following issues, and on the basis of evidence led before it, answered them as under.

(3.) ON the basis of the above findings, the Trial Court decreed the suit and directed the defendant to hand over the vacant and peaceful possession of the suit premises to the landlord -plaintiff on or before 15.11.2009.