MATHURABEN LAXMANBHAI DHAMECHA Vs. VALJIBHAI KESHABHAI SATWARA

JUDGEMENT

(1.) THESE petitions arise out of common proceedings. The petitioner is owner of a premises situated at Sutar Street, Dhrangadhra. Admittedly, one Jabuben was the tenant of suit premises. The respondent herein claimed tenancy rights over the suit premises claiming to be a relative of Jabuben and residing with her when she expired on 2nd July, 1999. The petitioner had filed a civil suit no.60/99 before the Court of learned Civil Judge(SD) Dhrangadhra and also prayed for interim injunction. By an order dated 23rd October, 2000, the learned trial Judge while partially allowing the interim injunction application directed the parties to maintain status -quo.

(2.) BOTH the sides were aggrieved by this order and therefore, preferred separate Misc. Civil Appeals Nos. 40/2000 and 46/2000 before the District Court, Surendranagar at Dhrangadhra. These appeals therefore, were decided by the District Judge,Dhrangadhra by common order dated 7th August, 2001. The appeal filed by the landlord was disallowed. The appeal filed by the respondent herein was allowed. It is this order which has given rise to the present petitions.

(3.) INITIALLY , the petitioner had filed two separate civil revision applications i.e. 1062/2001 and 1063/2001. After the amendment in Civil Procedure Code limiting the scope of Section 115 thereof, these Civil Revision Applications were permitted to be converted into Special Civil Applications. In the Civil Revision Applications, this Court had on 17th September, 2001 issued rule and granted interim relief in terms of paragraph 17(D). Paragraph 17(D) of the Civil Revision Application reads as follows :