SHAH DAHYABHAI LALLUBHAI Vs. SHAH SHAMBHULAL TULSIDAS

JUDGEMENT

(1.) Rule. Mr. M. B. Gandhi appears and waives service of Rule on behalf of the opponents. By consent of the parties the revision application is ordered to be heard today.

(2.) The petitioner is the original plaintiff who filed a suit in the Court of Civil Judge (JD) Petlad challenging the decree passed in Regular Civil Suit No. 119 of 1973. That suit was filed by deceased Shambhubhai Tulsidas the landlord. The suit was filed for eviction of the suit premises on the ground of personal bona fide requirement. The suit was compromised and consent decree was passed. As per the consent decree the petitioner was required to handover the possession or or before 1/02/1979 It so happened that before the aforesaid date the original landlord Shambhubhai died on 4/04/1975 On this basis the petitioner contended that the decree was passed on the ground of personal requirement and since the landlord has died the requirement has also evaporated with him and decree passed on the basis of personal requirement cannot be executed after the death of the landlord. Reliance was placed on a decision of this High Court in the case of JAMNA MANGAJI V. VAKTAVARMAL REPORTED IN.. This is the only contention raised by the petitioner-plaintiff. The observations made by this High Court in the aforesaid decision read as follows:

(3.) No other contention is raised. In the above view of the matter the counsel for the petitioner prays that he he permitted to withdraw the revision application and be granted time to vacate the premises up to 31/12/1986 In the facts and circumstances of the case the request appears to be reasonable. It is directed that decree for possession obtained in regular Civil Suit No. 110 of 1973 of the court of Civil Judge (JD) Petlad shall not be executed till 31/12/1986 on the condition that the petitioner tenant-original plaintiff shall file a usual undertaking in this Court latest before 16/01/1985 Subject to the aforesaid direction the revision application is permitted to he withdrawn. Rule discharged with no order as to costs. Rule discharge.