UCHITKUMAR ALIAS GONDIYA AND OTHERS Vs. KOLTE ELECTROPIATERS

JUDGEMENT

(1.) In this revision under Sec. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act), the petitioners have challenged the judgment and decree recorded in Civil Appeal No. 69/78.

(2.) The petitioners are the original plaintiff landlords and the respondent is the original defendant tenant. The parties are hereinafter referred to as the plaintiffs and defendant for convenience. The plaintiffs filed three regular Civil Suits Nos. 316, 317 and 316 of 1973, for the recovery of rented shops on the ground of non-payment of arrears of rent in the Trial Court at Rajkot. The Trial Court passed conditional eviction decree giving time to the tenants to pay balance amount of rent within specified time given by the mandate of the judgment failing which the tenants were directed to vacate the rented premises. The three tenants preferred three regular Civil Appeals before the District Court at Rajkot. The plaintiffs filed cross objections seeking relief of eviction of the rented shops. The Appellate Court decided three appeal Nos. 69, 70,71 of 1978, by a common judgment on 31st July 1979. The three appeals filed by the tenants including the present respondent came to be allowed. The decree passed by the Trial Court for possession in three suits came to be reversed. Being aggrieved by the said common judgment and decree, the original plaintiffs have filed this revision.

(3.) The defendant is the tenant in respect of suit premises Nos. 18 and 19 situated at Anant Chambers, Dhebarbhai Road, Rajkot. The plaintiffs filed Civil Suit No. 318/73, for possession and recovery of arrears of rent against the defendant tenant. As observed hereinbefore, in a common judgment, the Trial Court passed conditional decree which came to be reversed in a common judgment by the Appellate Court.