KUNVARBEN BHIKHABHAI AHER Vs. LABHKUNVAR ANANTPRASAD PANDIT

JUDGEMENT

(1.) Present is the revision application filed by the original defendant " respondent " tenant being aggrieved of a judgment and decree passed in Regular Civil Appeal No.82 of 1992 by the learned Joint District Judge / 3rd Fast Track Court, Junagadh dated 19.01.2005. The learned first appellate Judge was pleased to partly allow the appeal. The judgment and order passed by the learned Joint Civil Judge (J.D.), Junagadh in Regular Civil Suit No.44 of 1981 denying the vacant and peaceful possession was set aside. The defendant was directed to hand over the vacant and peaceful possession to the plaintiff. The defendant was also directed to pay the mesne profits 2 Rs.35/- per month till handing over of the possession.

(2.) Facts giving rise to the present revision application are as under: The plaintiff filed a suit for recovery of possession of the premises let out to the tenant (present petitioner) at monthly rent of Rs.35/- contending that the tenant is in arrears since 01.06.1979 to 30.11.1980 hence, a notice was given on 01.12.1980 which was served on 06.12.1980. The plaintiff prayed that the defendant be directed to pay the rent for the period commencing from 01.06.1979 and also to hand over the possession of the suit premises.

(3.) The defendant (petitioner-tenant) filed his reply " Exh.16 contending that he is paying the rent regularly and denied all other averments and allegations made in the plaint.