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2002 Supreme(Guj) 715

B.J.SHETHNA
Subhadraben Wdfo Amratlal Shah Heir AND L. R. of Amratlal M. Shah – Appellant
Versus
Kumarpal Bhogilal Shah – Respondent


Advocates Appeared: Amar N.Bhatt, UMESH SHUKLA

B. J. SHETHNA, J.

( 1 ) THE petitioners have filed this revision application under Section 29 (2) of the Bombay Rents, Hotel and Lodging house Rates Control Act, 1947 (for short "the Rent Act") and challenged the impugned judgment and decree of eviction dated 1. 8. 2002 passed by the Appellate bench of the Small Causes Court, ahmedabad in favour of the respondents- landlords setting aside the judgment and decree passed by the Judge, Small Causes court, Ahmedabad dismissing the suit of the plaintiffs-landlords for possession on the ground of arrears of rent and subletting.

( 2 ) LEARNED Counsel Shri Shukla appearing for the petitioners vehemently submitted that the Appellate Bench of the small Causes Court, Ahmedabad misconstrued the important document i. e. partnership deed Ex. 168. According to his submission, there are three most important clauses in partnership deed ex. 168, they are clause Nos. 7 to 9. Mr. Shukla submitted that if clause 7 of the partnership deed Ex. 168 was read in isolation, then the Appellate Bench would not have committed error in passing the decree of eviction against the petitioners on the ground of subletting. His submission was that the Appellate Bench h








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