GANGABEN ISHWARBHAI PATEL Vs. DINKARRAI VADILAL TRIVEDI
HIGH COURT OF GUJARAT
GANGABEN ISHWARBHAI PATEL
DINKARRAI VADILAL TRIVEDI
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(1.) These two revision applications arise out of two suits filed by the plaintiffs against the same defendant. The plaintiffs filed Suit No. 5154 of 1969 against the defendant to recover possession of the suit premises on the ground that the defendant had been in arrears of rent and also on the ground that plaintiff No4 required the suit premises reasonably and bona fide for starting a hospital. They also pleaded that the defendant had been causing nuisance and annoyance to his neighbouring occupiers. The premises in this suit consist of groundfloor of a building situate in the Ellisbridge area of the city of Ahmedabad. The ground floor is used by the defendant for carrying on business of selling books. The plaintiffs filed Suit No. 5155 of 1969 against the same defendant on the same grounds for recovering possession of a cellar in the same building.
(2.) The defendant denied the plaintiffs claim. The learned trial Judge who tried the suit negatived the plaintiffs claim based on arrears of rent and also on nuisance and annoyance. So far as reasonable and bona fide requirement of plaintiff No. 4 was concerned the learned trial Judge did not believe it. He however held that if decree for eviction was passed against the defendant greater hardship would be caused to him. He therefore dismissed both the suits.
(3.) The plaintiffs appealed to the Appellate Bench of the Court of Small Causes against these two decrees. Before the Appellate Bench the plaintiffs claim based on arrears of rent and nuisance and annoyance was not pressed. In other words the findings recorded against the plaintiffs on those two aspects were not challenged before the Appellate Bench. Therefore the only ground which the plaintiffs pressed was the reasonable and bona fide requirement of plaintiff No. 4 for starting a hospital. The Appellate Bench confirmed the finding recorded by the learned trial Judge both on reasonable and bona fide requirement of plaintiff No. 4 and also on the question of greater hardship. In that view of the matter both the appeals were dismissed.;
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