JAHIRKHAN JAMILKHAN PATHAN Vs. BHERUMAL HIRALAL SHAH

JUDGEMENT

(1.) THE present Civil Revision Application under section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 is directed against the judgment and decree dated 14.05.2010 of the appellate Bench of Small Cause Court, Ahmedabad, in Civil Appeal No. 41 of 2009, whereby the appeal was dismissed and the judgment and decree dated 20th April 2009 of the Small Cause Court No. 3, Ahmedabad, in H.R.P. Suit No. 8603 of 2003 came to be confirmed.

(2.) THE judgment and decree, which was confirmed by the appellate Bench as above, passed in H.R.P. Suit No. 8603 of 2003 by the learned Small Cause Court No. 3, Ahmedabad, on the ground of subletting and/or illegal transfer or assignment of the suit premises. The suit premises was shop bearing No. 1662/4 Municipal Tenament No. 04212/0011/00/0101/V and new Tenament No. 0405/21/0001/U situated at Rajput Jain Derasarwalo Vas, near Raipur Tolnaka and Bhogilal's Chawl, Raipur-Gomtipur Area.

(3.) THE only contention raised by learned advocate for the applicant was about legality and validity of service on defendant No.3, treating him to be duly served by both the courts. In that view, the compass is narrow.