A.N.SURTI
KALURAM BHERUJI – Appellant
Versus
BAI PARVATI WIFE OF MAHAVIRSINGH KHUSHALSINGH. – Respondent
( 1 ) IN extremely unfortunate circumstances this matter has come up before me in revision.
( 2 ) I will very briefly indicate the circumstances under which this matter has come up before me for disposal.
( 3 ) AN eviction decree was obtained by the plaintiff against the peti- tioner who was the tenant of the suit premises at the relevant time. After the eviction decree was obtained an appeal was filed be the tenant which came up for disposal before the Bench of Court of Small Causes at Ahmedabad.
( 4 ) WHEN the appeal was heard by the Appellate Bench of Small Causes Court at Ahmedabad on behalf of the tenant a pursis was given to the Division Bench of Court of Small Causes and in that pursis it was clearly stated that if four years time was given to vacate the suit premises the petitioner-tenant would not take any of the contentions raised by him in the appeal.
( 5 ) THE Appellate Bench of the Court of Small Causes without any tittle of jurisdiction for reducing the said period reduced the aforesaid period from four years to three years and confirmed the eviction decree passed by the learned trial Judge.
( 6 ) IT is unfortunate that after the disposal of the appeal
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