VIJAY MANOHAR SAHAI, J.

1 Heard Mr M.B. Gandhi with Mr Chinmay Gandhi, learned counsel for the appellant and Mr Mehul Shah, learned counsel for the respondent.

2 The appellant has challenged the judgment dated 12th April 2007 passed by the learned Single Judge in Special Civil Application No.4969 of 2006 whereby the petition preferred by the respondent came to be allowed and the order dated 19th September 2005 passed by the learned Additional Judge of the Small Causes Court, Rajkot in Civil Misc. Appeal No.24 of 1998 came to be set aside.

4 The facts, in nutshell, giving rise to the present appeal are that the respondent was in occupation of a part of the residential premises situated at Sheri No.9, Sardarnagar, Rajkot, in the property known as “Chiratan” (hereinafter referred as 'the suit land'). The deleted opponent no.1original landlord filed rent suit being Rent Suit No.877 of 1979 against the present respondent tenant for eviction wherein an ex parte decree for eviction was passed by the Rent Court on 15th July, 1980. The respondent tenant preferred appeal being Appeal No.433 of 1980 which came to be allowed by order dated 14th December, 1983 and the ex parte decr