HARISH HARSHADRAI MAJMUDAR Vs. UPENDRACHARYA TRUST

JUDGEMENT

(1.) Challenge in this petition is made by the original plaintiffs to the order passed by the Appellate Court below (the 5th Additional District Judge, Vadodara) dated 04.03.2017 in Civil Revision Application No.1 of 2016, confirming the order passed by the Trial Court (Additional Judge, Small Causes Court, Vadodara) dated 26.04.2016 recorded below Exh.161 in Rent Suit No.226 of 1998.

(2.) Heard learned advocates. It is noted that both the learned advocates have extensively taken this Court through the paper-book. Submissions are made at length, even on the merits of the matter. Since the matter is large open before the Trial Court, only those arguments which are necessary to decide this petition, are reflected in this order, so that it may not prejudice any of the parties in the trial.

(3.) Mr. R.S.Sanjanwala, learned senior advocate with Mr. A.R. Majmudar, learned advocate for the petitioner has submitted that, the Courts below fell in error while calculating the amount to be deposited. It is submitted that the amount arrived at by the Courts below is without any basis and is on higher side. Serious grievance is made with regard to the calculation of 45% of the share of profit for the year 1998-99 to year 2009. It is submitted that at least that part be set aside. In support of his submissions, he has relied upon the following authorities.