1. The present Civil Revision Application u/s.29(2) of the Bombay Rent Act,1947, has been preferred by the applicant herein – original plaintiff - landlord to quash and set aside the impugned judgement and decree dated 21/08/1997 passed by learned Small Causes Court, Ahmedabad in H.R.P. Suit No.185 of 1994, by which, learned Trial Court has dismissed the said suit preferred by the petitioner herein for getting decree against the respondents herein as well as judgement and order dated 13/03/2000 passed by learned Appellate Bench of Small Causes Court, Ahmedabad in Civil Appeal No.138 of 1997, by which, Appellate Bench of Small Causes Court, Ahmedabad has dismissed the said appeal preferred by the original plaintiff.
2. Today when the present Civil Revision Application is taken up for final hearing, Mr.Mahendra Vora, learned advocate appearing on behalf of the respondents herein – original defendants – original tenants has stated at the bar that the respondents herein do not claim any right in the suit property in question as tenants and they also do not claim that they are in possession of the suit property in question. Learned advocate appearing on behalf of the respondents herein has stated that therefore he has no objection if the judgement and orders passed by both the Courts below are quashed and set aside and the suit is decreed. He does not invite any further reasoned order. In view of the above, this Court is not assigning any further reasoned order while allowing the present Civil Revision Application and quashing and setting aside the impugned judgement and orders passed by both the Courts below and consequently decreeing the suit against the original defendants for eviction decree.
3. In view of the above, the present Civil Revision Application is allowed and the impugned judgement and decree dated 21/08/1997 passed by learned Small Causes Court, Ahmedabad in H.R.P. Suit No.185 of 1994 as well as judgement and order dated 13/03/2000 passed by learned Appellate Bench of Small Causes Court, Ahmedabad in Civil Appeal No.138 of 1997 are hereby quashed and set aside and H.R.P.Suit No.185 of 1994 is hereby decreed and consequently eviction decree is passed against the respondents herein – original defendants. Rule is made absolute to the aforesaid extent. No costs.
[M.R.SHAH,J] *dipti