ORAL JUDGMENT

1. The present Revision Application is filed by the tenants – original defendants being aggrieved of judgment and decree passed in HRP Suit No.4218 of 1981 which was confirmed in Civil Appeal No.91 of 1987 by the by the Appellate Bench of the Small Causes Court, Ahmedabad by its judgment and decree dated 10th April 1996.

2. The short facts giving rise to the present application are that the respondent herein – original plaintiff filed a suit to recover possession of the suit premises bearing M.C.No.1756 situated in Jamalpur Ward No.2-B at Ahmedabad alongwith arrears of rent, municipal tax and notice expenses totaling to Rs.3,103.32 ps. from the defendants – tenants. The case of the plaintiff is that the suit premises – a shop was let out to the defendant No.1 – a partnership firm at a monthly rent of Rs.85/-. It was agreed between the parties that the municipal tax, education cess and other taxes will be paid by the defendants (the tenants). The defendant Nos.2 and 3 are the partners of the defendant No.1 firm. The case of the plaintiff is that the defendant paid rent up to 31.03.1980 and thereafter did not pay the rent, even though demanded by the plaintiff several ti