SHAMIMBANU HAIDARALI SHAIKH Vs. JASVANTLAL VITTHALDAS MODI

JUDGEMENT

(1.) Both the captioned petitions under Article 227 of the Constitution arise out of the proceedings of same Regular Civil Suit No.102 of 2011, therefore, in view of commonality of facts, both are treated together for the purpose of disposal by the present order.

(2.) Special Civil Application No.17486 of 2017 is directed against order dated 03rd August, 2017 below Exh.53 passed by learned Additional Senior Civil Judge, Himmatnagar, Sabarkantha, in Regular Civil Suit No.102 of 2011. By praying to set aside the said order, the petitioner-original defendant has prayed to permit him to lead her evidence. The other petition challenges order below Exh.55.

(3.) The facts in the background may be stated. Respondent-original plaintiff instituted the aforesaid suit seeking decree of eviction, mesne profit etc. in relation to the suit property which is a shop situated at Tower Road in the town of Himmatnagar. According to the case of the plaintiff, suit premises was let out from 08th April, 2011 in favour of the defendant at a monthly rate of Rs.850/- including lumpsum taxes, electricity bill, etc. The plaintiff alleged that the petitioner was not paying the rent regularly and had also committed breach of other terms and conditions of the tenancy. It appears that the petitioner had filed application under Section 23 and 23A of the Bombay Rent Act, 1947 for getting essential services like electricity which was allowed by the Collector.