The present revision application has been filed by the petitioner-original plaintiff-landlord for the prayer that the judgment and decree passed by the Appellate Bench of the Small Causes Court, Ahmedabad, in Civil Appeal No. 131/88 dated 14.3.97 may be set aside and the judgment and decree passed by the Small Causes Court, Ahmedabad, in H.R.P. Suit No. 4923/82 dated 7.10.88 may be confirmed on the grounds set out in the memo of the revision application.
2. Heard learned counsel Mr. R.N. Shah for the petitioner as well as learned counsel Mr. M.B. Gandhi for the respondent.
3. Having heard the learned counsel and having perused the papers including the affidavit-in-reply filed in Civil Application St. No. 4307 of 2006 in this revision application, by consent, the following order is passed.
4. The present revision application is partly allowed quashing and set aside the judgment and order of the Appellate Bench of the Small Causes Court, Ahmadabad, in Civil Appeal No. 131/88 dated 14.3.97 as well as the judgment and order passed by the Small Causes Court, Ahmedabad, in H.R.P. Suit No. 4923/82 dated 7.10.88. The matter is remanded back to the trial court (Small Causes Court, Ahmedabad), for deciding afresh in accordance with law after affording an opportunity of producing necessary evidence to both the sides with regard to the grounds mentioned in sec. 13(1)(g) of the Bombay Rent Act (bona fide requirement and comparative hardship). The application for additional evidence and also the material and evidence produced in Civil Application No. 7411/2008 in the present revision application may also be permitted to be produced. It goes without saying that the Small Causes Court, Ahmedabad, shall decide the matter afresh in accordance with law on the grounds of the evidence that may be led and the same will be disposed of expeditiously preferably within six months.
5. With the above observations, the present revision application stands disposed of as partly allowed. Rule is made absolute to the aforesaid extent. No order as to costs.
R&P be sent back forthwith.
(Rajesh H. Shukla, J.) (hn) Top