IMPORTANT POINT
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 decision was influenced by the defendants' failure to pay rent for a significant period and their unauthorized construction activities.

JUDGMENT :

1. The applicants herein are the original defendants of H. R. P. Suit No.549 of 2017 disposed of by the learned Small Causes Court, Ahmedabad by judgment and decree dated 29.11.2022 and the original appellant of the Civil Appeal No.57 of 2022 disposed of by the learned Appellate Bench No.2 of the Small Causes Court at Ahmedabad by judgment and decree dated 30.9.2023.

2. Being aggrieved by the impugned concurrent findings arrived by the competent Court the applicants herein have approached this Court challenging the said judgment and decree under Section 12(3)(a) of the Gujarat Rents, Hotel & Lodging House Rates Control Act, 1947.

3. The present civil revision application is instituted by the applicants herein challenging the legality and validity of the judgment and decree dated 30.9.2023 passed by the learned Appellate Bench, Small Causes Court No.2, Ahmedabad in Civil Appeal No.57 of 2022 confirming the judgment and decree passed in the H. R. P. Suit No.549 of 2017 dated 29.11.2022. The H. R. P. Suit No.549 of 2017 was preferred by the opponent – original plaintiff for the following reliefs :-

H. R. P. Suit No.549 of 2017

“(a) Premises situated on the road in the property known as Lala Maharaj Nu Dahelu lying outside Prem Darwaja in Ahmedabad City, premises bearing Municipal Census No.1729/1, having Muni. Tenement No.0137-27-0006-0019-M and Muni. Tenement No.0137-27-0006-0001-I. Kindly pass the permanent injunction order against the defendant herein and in favour of the plaintiff herein that the defendants herein are restrained from transferring the said premises including both tenement numbers to third party or organization or firm by way of rent, sub-rent or deed of goodwill or deed of agency or deed of partnership and restrained from assigning the possession of the premises to the third party and restrained from modifying, repairing or altering the suit property.

(b) Kindly grant any other and further relief (s) as may deem fit to the Ld. Court.

(c) Kindly grant the entire cost of the suit from the defendant.”

For adjudication of the present dispute whereby the challenge is with respect to the judgment and decree passed by the competent Court in the H. R. P. Suit No.549 of 2017, it is also relevant to refer to the prayers as prayed for in the H. R.P. Suit No.36 of 2018 which read thus :-

H. R. P. Suit No.36 of 2018

“(A) Be pleased to provide from the defendants vacant and actual possession of the room premises with Municipal Tenement No.0137-27-0006-0019-M and Municipal Tenement No.0137- 27-0006-0001-I in the Sessions No.1729/1 located in the property called Lala Maharaj Nu Dehlu, out side the Prem Darwaja in Ahmedabad city, whose boundary details are as below:

East : Sariyam Road (From North to South) West : Property of the Plaintiff.

North : Property of the Plaintiff.

South : Property of the Plaintiff.

(B)

(C) The Amount of Municipal Tax bill pending up to 2017/18. Rs.77,011/- (Rs. Seventy Seven Thousand and Eleven only)

Be pleased to pass an order against the defendants to allow us to recover the aforementioned due amounts from the defendants or from any type of their property.

(D) Be pleased to provide Profit at Rs.18/- (Rs. Eighteen only) per month till the possession of the property in suit is received.

(E) Be pleased to provide any other relief(s) as the Hon’ble Court may deem fit.”

4. Both the suits having been consolidated by the learned Small Causes Court, Ahmedabad, the suits being H. R. P. Suit No.549 of 2017 and H. R. P. Suit No.36 of 2018 came to be decided by common judgment and decree dated 29.11.2022 and passed the following order :-