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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Kamudiniben Baburao Kale – Appellant
Versus
Montubhai Laljibhai Chaudhary – Respondent
| Table of Content |
|---|
| 1. challenge to possession order (Para 1 , 2) |
| 2. contentions regarding tenancy issues (Para 3 , 4) |
| 3. court's analysis on jurisdiction and evidence (Para 5 , 6 , 7 , 8) |
| 4. affirmation of small cause court's decision (Para 9) |
| 5. dismissal of revision application (Para 10) |
ORDER :
J.C.DOSHI, J.
1. The present Civil Revision Application, preferred under Section 115 of the Code of Civil Procedure, calls in question the legality and propriety of the judgment and order dated 30.12.2025 passed by the learned Small Cause Court No. 2 at Ahmedabad in P.S.R.P. No. 18 of 2018, whereby the petition instituted under Section 41 of the Presidency Small Cause Courts Act, 1882 [hereinafter referred to as “the Act of 1882”] came to be allowed, and the present revisionist was directed to hand over peaceful and vacant possession of the demised premises.
2. In order to effectively examine the merits of the controversy and to adjudicate upon the issues arising in the present proceedings, it becomes necessary to advert to the relevant factual milieu giving rise to the lis.
2.1. The present revision application arises from proceedings initiated by the respondent herein by way of P.S.R.P. No. 18 of
The Small Cause Court has jurisdiction under Section 41 of the Presidency Small Cause Courts Act, 1882 to order possession recovery upon determination of tenancy, confirming compliance with statutory....
Tenant disputes regarding possession are exclusively subject to the jurisdiction of the Small Causes Court under the Presidency Small Causes Court Act, 1882.
The court established that tenancy obligations persist despite a fixed-term lease expiry, emphasizing proper compliance with eviction notices as crucial for tenant protection.
Eviction of tenant - Unauthorized occupation of tenant - Intention and admission in pleadings indicates the creation of relationship of landlord and tenant and that the amount paid by the revisionist....
Point of law: Eviction of tenant – Relief of arrears of rent - Court in exercise of powers under Section 25 of the Provincial Small Cause Court Act can interfere on limited grounds
A revision petition becomes infructuous when possession of the tenanted premises has been restored to the landlord, limiting the High Court's role to procedural compliance.
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