BHAVARLAL GANESHRAM Vs. JASIBEN

JUDGEMENT

(1.) The petitioner herein is the original plaintiff of H.R.P. Civil Suit No. 995 of 1992. Aforesaid suit was filed by the plaintiff before the Small Causes Court, Ahmedabad for getting decree for possession of the rented premises from the defendant-tenant on various grounds. Trial Court dismissed the suit against which the petitioner had preferred an appeal being Civil Appeal No. 156 of 2001. Said appeal was heard by the appellate Bench of the Small Causes Court, Ahmedabad. Appellate Bench dismissed the appeal against which the unsuccessful plaintiff has filed this Civil Revision Application before this Court by invoking provisions of Sec. 29(2) of the Bombay Rent Act.

(2.) The plaintiff is the owner of the premises consisting of one room and 'osary'. The same was let out to the defendant at a monthly rent of Rs. 13/-. The original-defendant expired during the pendency of the suit, and therefore, his heirs were brought on record. The case of the plaintiff is that he had earlier filed a suit being Civil Suit No. 4 of 1997 which was dismissed. The plaintiff purchased the suit property from the earlier owner of the premises viz., Harbhanbhai Valjibhai in the year 1970-1971 and at that time the deceased tenant was a sitting tenant. The case of the plaintiff is that the defendant has carried out permanent construction in the suit premises by constructing a small room in front of the 'osary' and the defendant has also constructed a chowkadi, kitchen and bathroom in the marginal land. Decree for possession was also claimed on the ground that the defendant is in arrears of rent for more than six months and that even though notice was served upon him, he has not paid the rent. It is also the case of the plaintiff that he requires the suit premises for immediate demolition as he wants to erect a new building in place of existing building.

(3.) The defendant denied the suit on various grounds.