( 1 ) MR. Yatin Soni, learned Advocate for the respondent has argued this matter two days in instalments and he covered major part of his arguments. However, today though the matter was called out repeatedly he did not remain present. Therefore, the judgment is proceeded with.

( 2 ) THE present revision application is filed by the original plaintifflandlord against the order dt. 24-1-1991 passed by the learned 2nd Extra assistant Judge, Ahmedabad (Rural) at Mirzapur in Civil Revision Application no. 3 of 1990 which was filed by the original defendant (tenant) against the order dt. 31-1-1990 passed by the learned 2nd Joint Civil Judge (J. D.), mirzapur dismissing the Restoration Application No. 87 of 1980.

( 3 ) THE facts of the case in brief are that the petitioner-plaintiff has filed the Regular Civil Suit No. 540 of 1983 against the respondent (original defendant) under Sec. 28 of the Bombay Rent Act for recovering the possession of the suit premises on the ground of arrears of rent, bona fide requirements and change of user. In the said suit summons was served on the defendant and he filed written statement (Ex. 8) on 29-9-1983. Thereafter the defendant did not