RAMABEN RAMNIKLAL KANSARA Vs. NAROTTAMBHAI GORDHANBHAI THOBHANI

JUDGEMENT

(1.) The present Revision Application has been filed under Sec. 29(2) of the Bombay Rents Hotel and Lodging Housing Rates Control Act, 1947 ('the Rent Act', for short) challenging the order dtd. 28/2/2025 passed Principal District Judge, Jamnagar in Regular Civil Appeal No.79 of 2018 whereby the said appeal has been allowed and the appellate Court has quashed the judgment and decree dtd. 12/6/2018 passed by the Civil Court, Jamnagar in Regular Civil Suit No.125 of 2014.

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

(3.) It is the case of the plaintiff that suit property which belongs to the plaintiff was let to deceased husband of tenant- opponent on monthly rent of Rs.30.00. In the plaint, it has been stated that the suit property was purchased by wife of the plaintiff on 30/3/1983 and after her death, the property was inherited by him being husband. It has also been stated that when property was purchased neither the husband of the defendant nor the defendants were residing in the suit premises and that the defendant was residing at House No.4314, Block No.117 /2, Avas Colony and, therefore, as there is an alternative accommodation available to the defendant, and that one Purshottambhai was residing in the premises and in fact defendant was residing at Avas Colony with her family, it was the case of the plaintiff that suit premises was not used by defendant since a very long time and, therefore, the plaintiff had sought for eviction.