H. K. RATHOD, J.

1. HEARD learned Advocate Mr. N. C. Thakkar for petitioner-original defendant No. 2 and learned Advocate Mr. Suresh M. Shah for respondents.

2. PRESENT Civil Revision Application is filed by tenant. The H.R.P. suit filed by plaintiff for eviction on the ground of sub-letting and tenant is in arrears of rent. The suit has been decreed in favour of landlord. Thereafter, appeal preferred by tenant which also dismissed. The contention raised by petitioner is that he is a tenant and not sub-tenant. The suit was decreed in favour of landlord on 30-4-1986 and appeal preferred by tenant has been dismissed on 31-7-1999.

Learned Advocate Mr. N. C. Thakkar has raised contention before this Court that in fact, suit was filed by landlord on two grounds; one is sub-letting and second is that tenant is in arrears of rent. He also submitted that in fact, there was no sub-letting and petitioner is not sub-tenant but, petitioner is tenant. The respondent No. 8 (Orig. defendant No. 1) - Hasanali Badruddin was original tenant. The mother of defendant No. 2 was working with defendant No. 1, who stood as guarantor of petitioner for payment of rent. The sale-deed executed betwee