SAJNIBEN RAMANLAL PATEL Vs. VIRENDRABHAI R VAGHALA

JUDGEMENT

(1.) Present Civil Revision Applications are filed by the applicants against the judgment, order and decree passed by the Appellate Bench, Small Causes Court, Ahmedabad, in Civil Appeal Nos.38 and 39 of 2016.

(2.) The applicant No.1 is the owner of Bungalow No.13/11/B, Mamtapark, B/h. Navgujarat College, Usmanpura, Ahmedabad, situated in T.P.Scheme No.3, Final Plot No.13, admeasuring 508.36 sq.mts and having constructed area admeasuring 285.83 sq.mts. That the applicant no.2, was appointed as the executor of the will dated 22.2.2004 of one Lt. Smt. Shantaben Motilal Panchal, who was the original owner of the above- mentioned property and that applicant no.1 and her mother Late Smt.Shardaben Somnath Patel (expired during the pendency of the main suit), had purchased the said property by registered sale deed dated 12.2.2007, for consideration of rupees fifty lakhs from applicant no.2 herein, who had been appointed as the executor of the Will, of the original owner of the premises. The Sale deed was registered with the office of the Sub-registrar, Vadaj, Ahmedabad, vide Sr.No.1882 dated 12.2.2007. That initially the HRP No.1998 of 2006 was filed by present respondent against the present applicant no.2 herein and subsequently the applicant no.1 and her mother Late Smt. Shardaben had been added as the defendants in the said proceedings and simultaneously HRP No.2489 of 2006 was filed by present applicant no.1 herein against the present respondent herein and subsequently applicant no.1 and her mother Late Smt.Shardaben had been added as the plaintiffs in the said proceedings.

(3.) As per the case of the tenant/ present opponent / original plaintiffs of HRP No.1998 of 2006, the suit property is situated on the eastern portion of the above-mentioned bungalow, a room admeasuring 15 feet length (East-West) X 5 feet width (North-South) and the compound admeasuring 20 feet along with shade, Wash (Chokadi), water tank and toilet where he is running the scooter repairing garage in the name and style of "Bombay Auto Garage". That according to the present opponent, he is the tenant in the suit premises before 1990, for monthly rent of Rs.1,800/- and has to pay electricity bills and municipal tax extra. That he had filed the suit in the Small Causes Court, Ahmedabad, for standard rent, being HRP No.1998 of 2006 on 22.9.2006, as the same rent is much higher and is not the standard rent and had also prayed to restrain the defendant/s from disturbing with his possession, in the suit property. That initially, the suit was filed against present applicant no.2 only and thereafter applicant no.1 and her mother Late Smt.Shardaben Patel, were added as the party defendants, as they have purchased entire property which also includes the suit property.