MANORAMABEN BACHUBHAI KANJIYA Vs. VAJIBEN MAGANBHAI

JUDGEMENT

(1.) HEARD learned advocates for the respective parties at length.

(2.) THE present Revision Application is directed against the judgment and decree dated 27.11.1998 passed by the Assistant Judge, Rajkot in Civil Appeal No. 76 of 1991 as well as the judgment and decree dated 20.03.1989 passed by the Small Causes Court, Rajkot in Civil Suit No. 293 of 1984 whereby the suit as well as appeal were dismissed by the courts below.

(3.) IT is the case of the original Plaintiff -present Petitioner who had filed suit for recovery of possession and arrears of rent stating that the Defendant No. 1 -Respondent No. 1 Maganlal Shivabhai is the tenant of the suit premises though he has sublet the suit shop to the Defendant No. 2 Pragji Shivabhai and rent was due for the period of more than six months on the date of the suit notice. The suit was basically filed on the ground of arrears of rent, non -user, subletting and arrears of rent. The trial court vide impugned order passed dismissed the said suit. The appellate court after hearing the parties confirmed the order of the trial court and dismissed the appeal. Being aggrieved by the said orders, the Petitioner has preferred the present appeal. Mr. A.R. Thakker, learned advocate appearing for the Petitioner submitted that the courts below have not properly appreciated that the rent note Ex. 39 executed by late Maganbhai clearly indicates that the said Maganbhai had taken shop on rent basis only for his own purpose and not for joint family. He submitted that the rent note as well as the panchnama Ex. 47 prepared by the Commissioner clearly proves the case of the Petitioner that the said late Maganbhai had sublet the suit premises to said Pragjibhai.