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NEUTRAL CITATION

C/CRA/2/2024 CAV JUDGMENT DATED: 19/12/2025

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Reserved On : 02/12/2025

Pronounced On : 19/12/2025

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL REVISION APPLICATION NO. 2 of 2024

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI Sd/-

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Approved for Reporting Yes No

No

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BHAURIKBHAI UTTAMBHAI GHIWALA & ORS.

Versus

KOKILABEN W/O NADUBHAI @ NANDUBHAI HARIBHAI SURATI

& ANR.

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Appearance:

MR MJ PARIKH(577) for the Applicant(s) No. 1,2,3

DELETED for the Opponent(s) No. 2

MR MAULIK R SHAH(6385) for the Opponent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

CAV JUDGMENT

1. This revision under Section 29(2) of the Bombay Rents,

Hotel and Lodging House Rates Control Act, 1947 (hereinafter

referred to as the “Rent Act”) challenged the judgment and

decree dated 13.09.2023 passed by the appellate Bench No.1 of

Small Cause Court, Ahmedabad in Regular Appeal No. 20 of

2018, whereby the learned appellate Court dismissed the appeal

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preferred by the revisionist, in turn confirmed the judgment and

decree passed by the Small Cause Court No.2, Ahmedabad in

H.R.P.Suit No.229 of 2015 dated 15.12.2017.

2. Revisionist is the landlord. Defendants are tenants and

sub-tenant. For convenience and brevity, they are referred to as

per their original status before the learned trial Court.

3. Case backgrounds as under:-

3.1 Landlord filed the Civil Suit under the provisions of the

“Rent Act” against the tenant and sub-tenant on the averment

that, as a suit shop admeasuring 12’x10’, whereby the business

in the name and style of “Naman Chasmaghar” is carrying on, is

situated in the house, popularly known as ‘Ramkrupa’ in

Kankaria area, Prankunj Society, having T.P. Scheme No.4 and

bearing Survey No.32-C-1 of Rajpur-Hirpur in Kankaria area

(hereinafter referred to as the ‘suit shop’.), which initially

belonged to the ancestor of the landlord, namely Shakrabhai

Harjivandas Bhavsar. It was rented to Chimanlal Ambalal Patel

in the year 1981. The rent note was executed at the relevant

time. Subsequently, another rent note was executed in the year

1989, whereby Chimanlal Ambalal Patel and two other persons,

namely Nandubhai Haribhai Surti and Pravinbhai Varvabhai

Prajapati were inducted as tenant and in that way, all three

persons became tenants.

3.2 Later on, another agreement was executed, whereby

Chimanlal Ambalal Patel has relinquished his tenancy rights

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with consent of the landlord in favor of two other tenants,

namely Nandubhai Haribhai Surti and Pravinbhai Varvabhai

Prajapati.

3.3 The rent of the suit shop was Rs.300/- per month as it was

agreed in 1981. Later on, the rent amount was increased to

Rs.500/- per month. One of the tenant - Mr. Nandubhai

Haribhai Surti was expired 6 to 7 years prior to the filing of the

suit, leaving behind his wife. Thereafter, Mr. Pravinbhai

Varvabhai Prajapati was paying the rent of the suit shop and the

last rent of Rs.500/- was paid by him on 25.02.2011 through

cheque. Mr. Pravinbhai Prajapati had expired two years prior to

filing of the suit.

3.4 The wife of tenant Nandubhai Haribhai Surti had

continued tenancy of the suit shop after the death of Nandubhai

Haribhai Surti. According to the plaint, one Mr. Manojkumar

Ambalal Patel has been given the exclusive possession of the suit

shop and he was inducted as a sub-tenant in the suit shop.

Thereby, the tenants have breached the terms and conditions of

the tenancy. In the above averments, the landlord preferred