RAMKUMAR JANGIHSINH CHAUHAN Vs. MOTILAL AMRUTLAL MODI

JUDGEMENT

(1.) This Civil Revision Application has been preferred by the tenant, who was the original defendant No.1 in H.R.P. Civil Suit No. 7862 of 2003. He is challenging the judgment and order dated 30.06.2010 passed by the learned appellate Bench of Small Causes Court, Ahmedabad in Civil Appeal No.195 of 2007.

(2.) The facts in brief are as under:-

(3.) Shri Anshul Shah, learned advocate appearing for Mr. S.P.Majmudar, learned advocate for the applicant submitted that the learned trial Judge had considered all the documents on record and the trial Court was right in considering the documents at Exhs.56 and 57 as germane to decide the issue of ownership. As far as document Exh.77 is concerned, according to Shri Shah, the trial Court rightly impounded the document as insufficiently stamped and therefore, the issue of ownership was rightly decided against the plaintiff. Shri Shah further submitted that Section 26 of the Rent Act mandated the plaintiff-landlord to give rent receipts. It was on record from the admission of the plaintiff that no rent receipts were given. Therefore, in absence of such rent receipts, the relationship of the landlord and tenant was rightly established.