1. By way of the present petition, the original- plaintiff/respondent has challenged judgment and order dated 29.07.2012 passed by learned Extra Assistant Judge, Sabarkantha (Camp Court) Modasa passed in Civil Appeal No. 27 of 1995, by which, the appeal filed by original-defendant-tenant is allowed and cross- objections filed by the present petitioner/landlord is dismissed. This order is passed with the consent of the lawyers and, therefore, the same is not dealt on merits.
2. The brief facts emerges from the case are as under :-
2.1 That the present-petitioner filed a Regular Civil Suit in the Court of learned Civil Judge (Junior Division) at Modasa against the present respondent under the provisions of Bombay Rent Act and prayed for decree of eviction on various grounds. The suit was decreed only on the ground of tenant having failed in paying the rent, that means, he was in arrears of rent. For the rest of the contentions raised by the original plaintiffs for eviction decree, the suit was dismissed. The tenant was challenged the said judgment and order dated 24.02.1995 of learned Civil Judge before the Appellate Court by way of filing Appeal No.
27 of 1995 under Sections 29 of the Rent Act.
202. The tenant filed the cross-objections at Ex.12 in the Appeal. The Appellate Court allowed the appeal and the decree passed by the Trial Court was set aside.
3. Mr. Neeraj J. Vasu, learned Advocate appearing for the petitioner at the outset submitted that he does not challenge the decision of the Appellate Court qua quashing the decree which was passed on the ground of arrears of rent by the tenant. However, he would submit that the Appellate Court has not properly dealt with his cross-objections which was filed at Ex.12. and therefore, the case may be remanded to the Appellate Court with direction to decide the cross- objections after perusing the entire record of the case.
4. On the other side, Ms. Kusum Patel, learned Advocate appearing for Mr. A.M. Parikh for the respondent states that she has no objection if the case is remanded to the Appellate Court.
5. I have gone through the judgment and order passed by the Appellate Court as well as the cross- objections, Ex.12, filed by the present-petitioner- landlord. It appears that while deciding the appeal, the Appellate Court has not properly framed the point for consideration in the appeal. It is necessary for the Appellate Court to raise points for consideration keeping in mind the contentions raised by the parties and is bound to frame the same with the cross-appeals or objections are filed by the respondents.
6. Hence, the present Revision Application is partly allowed and the judgment and order dated 29.07.2012 passed by learned Extra Assistant Judge, Sabarkantha, is confirmed qua the observations with regard to rent is concerned. However, rest of the observations with regard to cross-objections is hereby quashed and set aside. The case is remanded to the Appellate Court for fresh consideration and the Appellate Court shall raise the points for consideration keeping in mind the contents of cross-objections filed by the present respondents. The Appellate Court shall decide the case as early as possible on or before 30th June, 2013. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J. Desai, J.) bhati*