HASUMATI P GOHEL Vs. BAVSAR TRIBHOVANDAS RATILAL

JUDGEMENT

(1.) This is the defendant's Second Appeal against judgment and decree passed by the learned Assistant Judge, Bhavnagar on 11-8-1997 by confirming the judgment and decree passed by the learned Civil Judge (S.D.), Bhavnagar dated 21-3-1995 decreeing plaintiff's suit for possession of the suit premises which is situated at Bhavnagar.

(2.) It has been first contended by the learned Counsel for the appellant that the suit was exclusively triable by the Rent Court under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Hereinafter called as 'the Act') in view of S.28 thereof which arises for consideration in this Appeal as the substantial question of law.

(3.) As it would be seen presently, that though the question raised by the appellant is a question of law, as it stands concluded against him by the decision of the Supreme Court, it cannot be considered a substantial question of law for the present purposes.