IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL REVISION APPLICATION NO. 153 of 2005 With R/CIVIL REVISION APPLICATION NO. 154 of 2005 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI ==========================================================

Approved for Reporting Yes No Yes ==========================================================

RAVJIBHAI HIRABHAI VEKARIA (DECEASED) & ORS.

Versus LALITABEN JAYANTILAL POPAT & ORS.

==========================================================

Appearance:

DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Applicant(s) No. 1 MR BHAVESH P TRIVEDI(2731) for the Applicant(s) No.

1.1,1.2,1.3,1.4,1.5,1.6,2 MR RR TRIVEDI(941) for the Applicant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6,2 MR DM THAKKAR(894) for the Opponent(s) No. 3 RULE SERVED for the Opponent(s) No. 3,4,5 SERVED BY AFFIX. (R) for the Opponent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 03/12/2025

ORAL JUDGMENT

1. Captioned Revision Applications filed under Section 29 (2) of the Bombay Rents Lands, Hotels and Lodging House Rates Control Act, 1947 (‘Rent Act’, for short) arise from impugned common judgment and, therefore, this Court decides both the captioned Revision Applications vide this common judgment.

2. These Civil Revision Applications challenge the common judgment and decree delivered in Regular Civil Appeal No.97 of 1998 and Regular Civil Appeal No.100 of 1998 whereby the 3^rd Fast Track Court, Gondal, in First Appeal upturned the judgment and decree delivered in Regular CiviL Suit No.52 of 1980 and decreed the plaintiff suit under Section 12(3)(a) of the Rent Act whereby the appellants are directed to handover peaceful vacant possession of the suit property to the plaintiff within a period of two months from the date of the order. Regular Civil Suit No.52 of 1998 filed by the landlord – Jayantilal Parsottam Katariya was dismissed by the Civil Judge (J.D.) Jetpur by judgment and decree dated 29.07.1998.

3.1 The case background, as Mr.Jayantilal Parsottam Katariya, who has expired during the proceedings of Regular Civil Suit filed the said suit for recovery of possession of the suit premises, particulars of which are stated in paras:1 and 2 of the plaint, on the ground of arrears of rent and on personal and bona fide requirement of the suit premises. According to the plaintiff, the defendant of the suit was irregular in paying the rent and as such the rent for suit premises was due for the time commencing from 01.09.1986 to 31.08.1987 in total of 12 months. The tenancy was monthly tenancy at the rent of Rs.500/- per month in total Rs.6000/- of was arrears of the rent and, therefore, suit notice dated 03.09.1987 was issued by the plaintiff to the defendant and demanded the arrears of rent as well as peaceful and vacant possession of the suit premises. It is the further case of the plaintiff that since as per condition of the rent-note the tenant defendant was responsible to pay local taxes which was outstanding since 1982-83, another notice was issued on

18.04.1987 to recover the local taxes from the defendant.

3.2 The plaintiff also pleaded the ground of personal and bona fide requirement as he pleaded that earlier he was doing business in Calcutta and now is living in Jetpur and is intending to start business in Jetpur. Therefore, he requires the suit premises for his personal and bona fide requirement.

3.3 Pending the proceedings of the suit, the original plaintiff - Jayantilal Parsottam Katariya expired. Therefore, Lalitaben who is his sister joined as a plaintiff upon strength of his Will as per order passed below Exh.68. Prasnnaben Jagjivanbhai Chotai – the divorcee of deceased Jayantilal Parsottam Katariya – plaintiff is also joined as plaintiff vide order below Exh.60 and some distant relatives i.e. Pragnyaben Jamnadas Katariya etc. also claimed to be heirs of deceased Jayantilal Parsottam Katariya, joined as plaintiffs vide order below Exh.63. Le