FIDAHUSEIN MAHMEDALI BALDIWALA Vs. GANGARAM SANKALCHAND PRAJAPATI

JUDGEMENT

(1.) Both the Civil Revison Applications are under Sec. 29(2) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act), arising out of the judgment and decree passed in Civil Appeal No.2 of 1993, whereby the said Civil Appeal was partly allowed and the judgment and decree for ejectment under Sec. 13(1)(g) of the Bombay Rent Act, passed by the Small Causes Judge, against the tenant in respect of the suit premises, described in paragraph No.1(B) & 1(C) of the plaint, in HRP Suit No.57 of 1976, are quashed and set aside and the said judgment and decree, quashing the ejection, under Sec. 13(1) (g) of the Bombay Rent Act, with respect to property described in paragraph No.1(B) & 1(C) of the plaint are challenged by way of Civil Revision Applicaion No.1408 of 2019, by the landlord and the judgment and decree for ejectment under Secion 13(1)(I) of the Bombay Rent Act, in respect of suit premises, described in paragraph No.1(A), of the plaint whereby the trial Court had granted ejectment of the property described in paragraph No.1(A), of the plaint, has been confirmed by the appellate Court and the tenant has challenged the same by filing Civil Revision Application No.1148of 1999.

(2.) For the sake of convenience, the parties are referred to as per their original status as that in the suit.

(3.) The brief facts arising in the present Civil Revision Applications are that the plaintiff has filed the suit for eviction against the tenant with respect to three properties. The same are described as under:-