JASUMATIBEN ANANTRAI TALAKCHAND Vs. VORA MAHESHCHANDRA DHIRAJAL

JUDGEMENT

(1.) RULE. Mr.D.M.Devnani, learned advocate waives service of notice of Rule on behalf of the respondent herein - original plaintiff.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present Civil Revision Application is taken up for final hearing today.

(3.) BEING aggrieved by and dissatisfied with the judgement and decree dated 17/07/2006 passed by learned Trial Court in Regular Civil Suit No.636 of 1985, the petitioners herein � original defendants preferred Regular Civil Appeal No.47 of 2006 before learned Appellate Court and learned 5th Additional District Judge, Bhavnagar vide order dated 24/02/2012 has dismissed the said appeal confirming the judgement and decree passed by learned Trial Court of passing eviction decree on the ground that the petitioners herein cannot be said to be tenants after death of the original tenant under section 5(11)(c) of the Bombay Rent Act. It is to be noted that so far as non-user of the suit premises is concerned, learned Appellate Court reversed the said finding given by learned Trial Court and held that suit premises in question was being used even at the time of filing of the suit and it cannot be said that there was non-user of the suit premises for more than six months before filing of the suit. Learned Appellate Court on appreciation of evidence found that the suit premises was being used from year 1981 to 1985 i.e. even at the time of filing of the suit. Being aggrieved by and dissatisfied with the judgement and orders passed by both the Courts below in passing eviction decree, the petitioners herein � original defendants have preferred the present Civil Revision Application u/s.29(2) of the Bombay Rent Act.