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2025 Supreme(Guj) 1052

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANJEEV J. THAKER
Sajjandevi, W/o. Bansilal B Varma – Appellant
Versus
Gautambhai Jagjivanbhai Darji – Respondent


Advocates Appeared:
For the Applciants : Mr Nirav C. Sanghavi.
For the Respondents: Mr Irshadahmad B. Mev, Mr Sharif H. Shaikh.

ORDER :

(SANJEEV J. THAKER, J.)

1. The present Civil Revision Application is filed under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act 1947 (for short “the Rent Act”) against the Judgment and Decree passed in Regular Civil Appeal No.25 of 2024, decided by the Appellate Bench No.1 of Small Causes Court, Ahmedabad dated 10.01.2025 confirming the Judgment and Decree passed in HRP No.64 of 2021 passed by the Small Causes Court No.8 at Ahmedabad on 23.02.2024.

2. For the sake of convenience, the petitioners herein shall be referred to as the defendants and the respondents herein shall be referred to as the plaintiffs.

3. The brief facts arising in the present proceedings are that the plaintiff filed HRP Suit No.64 of 2021 on the ground that the plaintiffs are the owners of the property and the suit property was given on rent by the predecessor in title of the plaintiffs to the father of the defendant no.1 i.e. Bansilal B.Verma and he was a tenant in the suit premises.

4. The plaintiff purchased the suit premises in the year 2018 and thereafter filed the suit for eviction. The Trial Court framed issues vide exhibit-16 are as under:

“(1) Whether the plaintiffs pro

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