(1.) Feeling aggrieved by the judgment and order dated 7th September, 1987 passed by the learned Extra Assistant Judge, Bhuj in Regular Civil Appeal No.161/1983, the appellants, plaintiffs in Regular Civil Suit No.532/1979 have preferred the present Revision Application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Rent Act").
(2.) The petitioners are the landlords of the suit premises, a single storeyed building comprising two rooms situated at Bhuj. The petitioners instituted the above referred Regular Civil Suit No.532/1979 in the Court of Civil Judge (J.D.), Bhuj for recovery of possession of the suit premises on the grounds that the defendant was tenant in default; that the defendant was not ready and willing to pay the rent; that the defendant had acquired vacant possession of an alternative suitable residence; that the petitioners required the suit premises bonafide and reasonably for personal use. The learned Civil Judge, by judgment and order dated 3rd October, 1983, dismissed the suit for recovery of possession of the suit premises.
(3.) Feeling aggrieved, the petitioners preferred the above referred Regular Civil Appeal No.161/1983 in the Court of District Judge, Kachchha. Pending the Appeal the petitioners filed purshis Exh.33 for permission under Section 13A of the Rent Act to make additional construction. It was stated that the petitioners intended to make additional construction on the suit premises and that the defendant was not ready and willing to handover the vacant possession of the suit premises temporarily to facilitate such additional construction. The petitioners prayed that the petitioners be permitted to make additional construction without dislocating the defendant-tenant. The appeal was heard and decided by the learned Extra Assistant Judge. The learned Judge was of the opinion that as the petitioners had not sought for such a permission before the trial Court, the petitioners had no right to claim permission under Section 13A of the Rent Act before the appellate Court. The lower appellate Court dismissed the appeal by impugned judgment. Therefore, the present Revision Application.