PARASRAN LALURAM MAWAR Vs. INDRAVADAN NATWARLAL SHAH

JUDGEMENT

(1.) Rule. Service of Rule waived by Mr. P. B. Majmudar, learned Advocate for the respondent Nos. 1 and 2.

(2.) Heard. Both these revisions seek to challenge the judgment and order dated 2-4-1977 rendered by the learned Judges of the Appellate Bench of the Small Causes Court at Ahmedabad in Appeal From Order No. 43 of 1997 and Appeal From Order No. 44 of 1997.

(3.) The petitioner herein was the original tenant of the suit premises against whom and against the sub-tenants\unlawful assignees, respondent Nos. 1 and 2 filed H.R.P. Suit No. 1975 of 1977 for obtaining possession of the suit premises. Before that the landlord filed H.R.P. Suit No. 4805 of 1974 on 17-10-1974 for obtaining injunction. This was followed by H.R.P. Suit No. 5203 of 1974 filed on 5-11-1974, which was ultimately withdrawn contending that on 6-5-1977 aforesaid substantial suit for possession, viz., H.R.P. Suit No. 1975 of 1977 was filed. In the said suit the present petitioner being the 1st defendant was served by substituted service. However, the suit was contested by the other defendants being the subtenants/ unlawful assignees. Ultimately, decree for possession was passed on 24-2- 1982 and the same was challenged by the aforesaid other defendants in Civil Appeal No. 243 of 1982. The Appellant Bench of the Ahmedabad Small Causes Court dismissed the said appeal on 16-12-1991, with the result that the said other defendants carried the matter before this Court in C.R.A. No. 305 of 1992, which also came to be rejected on 6-2-1992.