A.J.SHASTRI,J. - (1.) The present Civil Revision Application is submitted under Section 29(2) of the Rent Act against an order dated 23.6.2016 passed by the appellate bench of the Small Causes Court at Ahmedabad in Civil Appeal No.61 of 2015, whereby the application under Section 11(4) of the Rent Act came to be dismissed.
(2.) The premise on which the present Civil Revision Application is submitted is that the applicant is a landlord and the respondent is a tenant of the disputed premises bearing Flat No.1/7, 2nd Floor, Yogeshwar Park, Part-II, bearing Ward Anil Starch Road, R. Tax Compound, bearing sub-plot No.13, final plot No.154 and Town Planning Scheme No.12, Tolnaka, Bapunagar, Ahmedabad, which is to be described in the present order as suit property.
(3.) The present suit property has been given on rent to the respondent at a monthly rent of Rs.3000/- since 2005. The applicant had instituted HRP Civil Suit No.110 of 2012 for seeking decree of eviction on the ground that respondent - tenant has shown negligence to pay the rent and has become the tenant in arrears for not paying the rent for 31 months i.e. from January,2009 till 13.7.2011 and the decree was sought of the premises in question.;