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SANGEETA K. VISHEN
Hasmukhbhai Sagaalchand Acharya – Appellant
Versus
Dadamben Hemtaji Rathod – Respondent
JUDGMENT :
SANGEETA K. VISHEN, J.
1. The captioned civil revision application was previously ordered to be taken up for final disposal and thus, with the consent of the learned advocates appearing for the respective parties, it is taken up for final disposal.
2. Issue Rule, returnable forthwith. Mr. B.C. Dave, learned advocate waives service of notice of Rule for and on behalf of respondents.
3. By the captioned civil revision application under sub-section (2) of Section 29 of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 (‘the Rent Act’ for short) the applicants - the heirs of the landlord, inter alia, have prayed for quashing and setting aside the judgment and order dated 31.08.2021 passed by the learned 6th Additional District Judge, Banaskantha, Palanpur in Regular Civil Appeal no. 43 of 2007. By the above referred judgment, the Appellate Court, allowed the appeal filed by the respondent- original defendant i.e. the tenant and set aside the judgment and decree dated 29.09.2007 passed by the learned Additional Civil Judge, Palanpur in Regular Civil Suit no. 314 of 1998.
4. Tersely stated, are the facts:
The main legal point established in the judgment is the application of Sections 12(3)(a) and 13(1)(b) of the Rent Act in a dispute over arrears of rent and unauthorized construction. The court's deci....
A tenant must deposit all arrears of rent, including time-barred amounts, to claim protection from eviction under Section 15(3) of the Maharashtra Rent Control Act.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
The main legal point established in the judgment is the mandatory nature of the provisions of Section 12(3) of the Rent Act, requiring the tenant to deposit the whole rent and comply with the timing ....
A tenant in default for over six months without disputing the rent is subject to eviction under Section 12(3)(a) of the Bombay Rent Act.
Tenant must comply with statutory deposit requirements under Section 12(3) of the Bombay Rent Act, including interest and costs, to avoid eviction.
Even assuming that for purpose of execution an order under Section 12(3) of Act can be equated with and treated as same, as one under Section 11 of Act, the consequence enjoined by an order under Sec....
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