RANJIT GOVIND DABHI Vs. NIRMALABEN VAJESHANKAR DAVE

JUDGEMENT

(1.) Being aggrieved and dissatisfied with an Order dated 30th April 2018 passed by the learned 5th Additional District Judge, Surendranagar in Regular Civil Appeal No. 11 of 2017 confirming the verdict rendered by the learned Additional Civil Judge, Wadhwan in Regular Civil Suit No. 62 of 2003 passed on 20th March 2017, revisionist-Ranjit Govind Dabhi, who was original defendant no. 2, has approached this Court in revision preferred under Section 29 [2] of the Gujarat Rents, Hotel & Lodging House Rates Control Act, 1947 ["Rent Act" for short].

(2.) In order to appreciate the controversy involved in the appeal, it is imminent to set out the facts infra in detail; including background facts, which led to filing of this appeal.

(3.) Respondent no.1 herein is the original plaintiff. She is a landlady of a residential house comprising of two rooms on the first floor and kitchen; one room and gallery on the ground floor, situated near Vagheshwari Mandi, Wadhwan [hereinafter to be referred to as, "the suit property"]. The suit property originally belongs to her father-Shri Vajeshanker Ambeshanker, who rented part of the same, comprising two rooms on the 1st Floor and a little space near the stair case to Shri Govindbhai Harjibhai Dabhi [since deceased] during his life time, on monthly rental of Rs. 50/=, by creating a restricted right of tenancy in the suit property, thereby leaving rest of the area on the ground floor consisting of one room, gallery and kitchen for self use.