- (1.) THIS Revision Application under Section 29(2) of the Bombay Rents, Hotels and Lodging Houses Control Act, 1947 [ 'the Bombay Rent Act, 1947', for short] is filed by the original defendant tenant, and is directed against the judgment and decree dated 30.07.2013 in Regular Civil Appeal No.33 of 2012 passed by the learned Principal District Judge, Surendranagar by which the Appellate Court below, while dismissing the Appeal, confirmed the judgment and decree dated 02.04.2012 passed by the learned Principal Senior Civil Judge, Surendranagar allowing the Regular Civil Suit No.92 of 2007 instituted by the landlord for eviction of the defendant tenant from the suit premises.
(2.) THE Trial Court had framed the following issues for adjudication and, on the basis of evidence led before it, answered the same as under. (1) Whether the plaintiff proves that as per the notice of the plaintiff, since the defendants have not paid rent, they are in arrears of rent? [In negative] (2) Whether the plaintiff proves that, as per the details of para:4 of plaint the defendant has acquired alternative accommodation? [In affirmative] (3) Whether the plaintiff proves that the the defendant has kept the suit premises unused for a continuous period of more than six months ? [In affirmative] (4) Whether defendant proves that suit is barred by limitation? [In negative] (5) Whether plaintiff is entitled to get the vacant and peaceful possession of suit premises from the defendant? [In affirmative] (6) Whether plaintiff is entitled to recover rent amount of Rs.825/ - from the defendants? [In negative] (7) Whether plaintiff is entitled to get interest on arrears of rent from the defendant from the date of filing of suit? [In negative] (8) What judgment and decree? [As per final order]
(3.) BEING aggrieved by the said judgment and decree passed by the Trial Court, the defendant -tenant preferred Regular Civil Appeal No.33 of 2012 before the District Court, Surendranagar. The Appellate Court below, on appreciation of evidence on record, found that the Trial Court has not committed any error in recording the judgment. It is this judgement and decree of the Appellate Court below, the legality of which is questioned in this Revision Application. This Court had vide order dated 18.09.2013 called for the Record and Proceedings of the case from the Courts below. Both the learned advocates have taken this Court through the said Record and Proceedings.;