VIJAY SWAROOP DEVATVAL Vs. LAVJI MEGJI MESURANI

JUDGEMENT

(1.) The present civil revision applications filed under Section 29 of the Bombay Rent, Hotel and Lodging Houses Rates Control Act, 1947 (the "Act" for short) are directed against the judgments and orders passed by the courts below dated 13.08.2015 as well as 28.02.2018 in respective proceedings. Since both the revision applications are arising out of common questions of law and fact, between the same parties, as per the request of the learned advocates for the parties, the same are disposed of by the present judgment and order, treating Civil Revision Application No. 323 of 2018 as a lead matter. Hence, the facts are taken from the lead matter.

(2.) The applicant of Civil Revision Application No. 323 of 2018 who is the original defendant in Regular Civil Suit No. 424 of 2004 claiming to be a tenant of Shop no. 8 situated at Plot No. 59, Sector 9, Gandhidham. The opponent herein is the owner and landlord of Shop No. 8 which is rented out to the applicant on or about 01.07.1998 on monthly rent of Rs.250/?. The shop was let out to defendant i.e. the present applicant for office purpose, but the opponent - plaintiff was required to file the rent suit being Regular Civil Suit No. 424 of 2004 for the purpose of eviction. Pursuant to the summons having been issued, the applicant - defendant appeared before the court below, submitted the written statement, issues have been framed and the parties to the proceedings have led their respective evidence. After appreciating the evidence, the decree came to be passed in favour of the plaintiff on 13.08.2015 which has resulted into filing of the Regular Civil Appeal No. 29 of 2015 before the learned Additional District Judge, at Gandhidham. The plaintiff - opponent landlord has also filed cross objections against the original judgment and order before the appellate Bench and the appeal as well as cross objections have been heard whereby the learned appellate Bench was pleased to reject the appeal preferred by the present applicant and allowed the cross objections preferred by the original plaintiff i.e. the opponent herein by judgment and order 28.02.2012 and it is this judgment and decree which has been passed by the courts below which is made the subject matter of the present civil revision application.

(3.) Similarly, so far as Civil Revision Application No. 324 of 2018 is concerned, the same is with respect to Shop No. 9 situated at very Plot No. 59, Sector?9, Gandhidham belonging to the opponent. So two separate suits have been filed with respect to Shop No. 8 and another with respect to Shop No. 9. Hence, on identical situation of facts and law, present revision applications have come up for consideration before this Court. Originally on 23.10.2018, notice was issued and thereafter the matter was dragged on for a considerable time and later on has come up for consideration before this Court in which learned advocate Ms. P.J. Joshi, has represented the applicant whereas learned advocate Mr. Savan Pandya has represented the opponent. With this background, the present revision applications is being dealt with by the Court.