FAUZAN NAJMALBHAI SHAIKH Vs. CHAUDHARY SAMIR YAKUBBHAI

JUDGEMENT

(1.) Present petition under Article 226 of the Constitution of India has been taken out by the petitioner, who is original plaintiff in Civil Suit No.1176 of 2016, wherein the trial Court has rejected the application below Exh.21 by order dated 5.9.2018 for deposit of rental and other amounts, to be paid by the respondents-defendants.

(2.) The short facts of the case are that, according to the petitioner, he is the owner of the suit property by virtue of registered sale deed dated 23.1.2013 from its owner one Abedaben Abdulhamid Shaikh. It is contended that the original owner has rented the suit premises on 20.12.2007 for a period of five years at the rent of Rs.2,000/- per month to the defendant which period has expired on 19.12.2012 and, thereafter, there was no extension of rent agreement. It is contended that, on 23.1.2013, the petitioner purchased the property by a registered sale deed and on 17.1.2014, an agreement of rent was executed by and between present petitioner and the respondents, whereby it was agreed that the tenant shall pay Rs.5,000/- per month as rent and also pay the electric charges, maintenance charges etc. It is also contended that the period of occupancy was to expire on 29.12.2014 and, thereafter there is no fresh agreement or any sort of writing permitting the respondents to continue the occupation of the suit property. As the defendants did not pay the rent, the plaintiff has instituted the suit, wherein interim injunction order was passed in favour of the plaintiff. It is also contended that during the pendency of the suit, the petitioner has filed an application below Exh.21 for recovery of rent and mesne profit. That application has been rejected by learned trial Judge vide order dated 5.9.2018. Being aggrieved and dissatisfied with the above order, original plaintiff has preferred present Special Civil Application.

(3.) Heard learned counsel Mr.P.M.Bhatt for the petitioner and Mr.D.R.Ray, learned advocate for respondent nos.1 and 2 and Mr.Pratik Bhatiya, learned advocate for newly added respondent no.3.