The petitioner is the original plaintiff who preferred HRP suit no. 352 of 2007 before the small cause court Ahmedabad for declaration to an effect that he be declared tenant of the suit premises seeking further direction of restraining the defendants from interfering with the peaceful possession and dispossessing him from the suit premises without following the due process of law.

2. The initial grant of the order of status quo came to be subsequently vacated, which was however continued to enable the petitioner to approach the higher forum.

3. Being aggrieved by such an order, the petitioner preferred an Appeal from Order no. 82 of 2007 before the Appellate Bench Small Cause Court, Ahmedabad, wherein the Appellate Bench vide its order dated 28th February 2008 dismissed the Appeal. Such an order has been challenged by way of the present petition enumerating various grounds for such a challenge.

4. It is the say of the petitioner that the Bungalow no. 12 of Pahelgav Bungalows of Premdeep Co-Operative Housing Society Limited was let out to the petitioner as tenant by the respondent no. 1 through the respondent no. 2 at monthly rent of Rs. 5000/-; excluding taxes and maintena