(1.) LEARNED advocate Shri Suresh M. Shah for the petitioner submitted that respondent no.1 herein has since long sold the suit premises. His absence therefore, would not be material for hearing the petition further. He therefore, sought and was granted permission to delete respondent no.1.
(2.) IN this petition, the petitioner(here -in -after referred to as "the tenant") has challenged legality of judgement and order dated 19th September, 2005 passed by Additional Judge, Small Cause Court, Rajkot in Civil Misc. Application No.24/1988 filed by the petitioner.
(3.) THE case has a checkered history. Briefly stated, facts are as follows :