MANSUKHLAL GANDALAL JOSHI Vs. RAJESHBHAI MAHENDRAKUMAR GANDHI

JUDGEMENT

(1.) Both these petitions arise out of an order passed by Additional Civil Judge, Amreli, dtd. 29/6/2022 below Exhibits-37 and 38 in two different suits being Regular Civil Suit Nos. 40 of 2018 and 39 of 2018, filed by the respondent No. 1 herein as 'Landlord' under the provisions of 'The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947' for getting vacant and peaceful possession of the property, filed against the petitioner No. 1 in each of the petitions and respondent No. 2 in both the petitions, who was defendant No. 2 in the suit, whereby request made by the respondent No. 1 - original plaintiff to recast the issue, came to be allowed by the impugned order.

(2.) Mr. Y.V. Vaghela, learned advocate for the petitioners in each of the petitions - original defendant No. 1 in the respective suits, submitted that since the issues were already settled by the Court vide Exhibit-36 in both the suits, there was no necessity to recast the issue, that too, at the instance of the respondent No. 1 - original plaintiff.

(3.) Having heard learned advocate for the petitioners in each of the petitions and going through the impugned order as also the written statements, submitted by each of the petitioners in two different suits, it emerges that since the suits came to be filed by the respondent No. 1 - plaintiff against the petitioners for arrears of rent and on the ground of acquiring suitable alternative accommodation, the petitioners in both the petitions have come out with the case in the written statements that they had already handed over the possession of the suit premises to the respondent No. 1 - plaintiff on a particular date.