SAIYED SAHEJADMIYA SULEMANMIYADECD Vs. ABDUL RAZAK ISABHAI MEMON

JUDGEMENT

(1.) The present petitioners had filed a Civil Suit against the present respondents, who are the tenants of the plaintiffs, for the eviction of the premises in question. The suit was decreed by Small Cause Court. Against which the present respondents - defendants filed an Appeal being Civil Appeal No. 86/86 before the Appellate Bench of Small Causes Court at Ahmedabad. In which an Application - Exhibit 64 was moved by the appellants i.e. present respondents - original defendants to adduce additional evidence under Order 41 Rule 27.

(2.) The Trial Court decreed the suit mainly on the ground of sub-tenancy. As against that, the case of the defendants i.e. present respondents was that in the suit premises, they are carrying on business of partnership and the suit premises was not sublet to any third party.

(3.) The Appellate Bench of the Small Cause Court, vide its order dated 25/04/1996, allowed Exhibit 64 and the appellants - i.e. the present defendants were permitted to lead additional evidence. Against which, this Civil Revision Application is filed by the petitioners i.e. the original plaintiffs - respondents in Civil Appeal No. 86/86 before the Appellate Bench of Small Cause Court.