Gujarat High Court Case Information System
Print
CRA/105/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 105 of 2010
=========================================
ATMARAM
DAJIJI SOLANKI - Applicant(s)
Versus
HASANBHAI
UMARBHAI MANSURI - Opponent(s)
=========================================
Appearance :
MR
MA KHARADI for the Applicant.
MR MB GANDHI and MR CHINMAY M GANDHI
for the Opponent.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 27/09/2010
ORAL
ORDER
The
petitioner/original defendant has filed this Civil Revision
Application under Section 29(2) of the Bombay Rent Act challenging
the judgment and order passed by the Appellate Bench of Small Causes
Court, Ahmedabad in Civil Appeal No. 141 of 1999 on 6th May, 2010
directing the present petitioner/original defendant to hand over
vacant and peaceful possession of the suit premises to the original
plaintiff/present respondent within two months from the date of the
said order.
2. This
Court has issued notice on 9th August, 2010 only for the purpose of
exploring possibility of retention of the premises by the
petitioner-tenant even on enhancement of the rent if the
respondent-landlord is agreeable. The Court has issued this notice
after considering the submissions made by Mr. M.A.Kharadi, the
learned advocate appearing for the petitioner and when the Court was
not convinced with the merits of the matter, the above submission was
made by Mr. M.A.Kharadi. The Court has therefore, recorded submission
of Mr. Kharadi that on the returnable date, he would not argue on
merits.
3. Pursuant
to the notice, Mr. M.B.Gandhi, the learned advocate appears on behalf
of the respondent. He submits that the respondent-landlord is not
agreeable to allow the petitioner to occupy the premises even after
enhancement of rent. In this view of the matter, there is no question
of showing any indulgence in the order and judgment passed by the
Appellate Bench of Small Cause Court. Considering this position, Mr.
M.A.Kharadi, has submitted the petitioner-tenant may be given some
time to vacate the premises and hand over possession to the
respondent-plaintiff. He has also stated that the appellant-tenant
shall file necessary undertaking before this Court. In the above view
of the matter, the present Civil Revision Application is hereby
dismissed and the judgment and order passed by the Appellate Bench of
Small Causes Court, Ahmedabad in Civil Appeal No. 141 of 1999 on 6th
May, 2010 is hereby confirmed. However, considering the request made
by Mr. Kharadi, the learned advocate appearing on behalf of the
petitioner-tenant, time to vacate the suit premises is granted upto
31st December, 2010 on condition that the petitioner-tenant shall
file an undertaking before this Court within one week from today. It
is made clear that if the petitioner fails to file an undertaking as
directed by this Court, the order granting limited indulgence to the
petitioner would stand vacated.
4. Subject
to the aforesaid observation, this Civil Revision Application is
accordingly dismissed. Notice is discharged with no order as to
costs.
(K.A.PUJ,J)
***vcdarji
Top