Dismissed

Dharmendrabhai @ Rajubhai Dahyabhai Shah Legal Heir of Deceased Dahyabhai H Shah v. Jayprakash Kishanchand Khatwani

Gujarat HC4 Feb 2020CRA/620/2018

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision application challenging the confirmation of an eviction decree. It held that the lower courts correctly found the tenant was in arrears and changed the premises' use from residential to commercial, and no illegality was shown.

What did the court decide?

The revision application was dismissed and must fail.

Dharmendrabhai @ Rajubhai Dahyabhai Shah Legal Heir of… — Landlord and Tenant | Gujarat HC (2020)

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C/CRA/620/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL REVISION APPLICATION NO. 620 of 2018

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DHARMENDRABHAI @ RAJUBHAI DAHYABHAI SHAH LEGAL HEIR OF DECEASED DAHYABHAI H SHAH

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Versus JAYPRAKASH KISHANCHAND KHATWANI

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

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Appearance:

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MR.MINHAJ M SHAIKH(6847) for the Applicant(s) No. 1 NIDHI T VYAS(7772) for the Opponent(s) No. 1

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

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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

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Date : 04/02/2020

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ORAL ORDER

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This revision is directed against order dated
16/07/2018 rendered in Regular Civil Appeal No.85 of 2018
by the learned 8th Additional District Judge, Vadodara
confirming the judgment and decree of eviction dated
05/02/2018 rendered in Rent Suit No.95 of 2014 by the
learned Judge, Small Cause Court, Vadodara.

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Learned Counsel for the opponent states that
execution proceedings are also completed on 15/03/2019
and certified copy of the same is placed on record.
Thus, the decree is executed.

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On consideration of the rival submissions, it
appears that the landlord had instituted the suit for

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eviction wherein following issues were framed:

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“Whether the plaintiff proves that the defendant is a tenant in arrears?

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2. Whether the plaintiff proves that the defendant was the contractual tenant and his tenancy is terminated?

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3. Whether the plaintiff prove that the rented suit premises was given only for residential purpose?

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4. Whether the plaintiff proves that the defendant changed the use of the suit / rented premises?

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5. Whether the defendant proves that he has paid the rent to the

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Page 1 of 2

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C/CRA/620/2018 ORDER

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previous landlord and he is ready and willing to pay the rent regularly ?

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6. Whether the defendant proves that the plaintiff has not given any notice of Atonenment and not complied the legal requirement?

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7. Whether the plaintiff is entitled to get the relief as prayed in the suit?”

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After recording the evidence, the petitioner was
found to be the tenant in arrears; as also that he had
changed the user of the premises from residence to
commercial.

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In appeal above-stated, the judgment was confirmed
with the principal finding that change of user from that
of residence to commercial was established and thus the
two Courts below concurrently rendered the said finding
after appreciation of evidence.

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Learned Counsel for the petitioner was unable to
point out any illegality in appreciation of facts or
evidence or in following the procedure by the Court
below. The jurisdiction of this Court being limited to
examining legality of the appellate decision; in absence
of such illegality, no case is made out for entertaining
the revision application. Accordingly, revision
application must fail and is dismissed.

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(G.R.UDHWANI, J)

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sompura

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Page 2 of 2

Dharmendrabhai @ Rajubhai Dahyabhai Shah Legal Heir of Deceased Dahyabhai H Shah v. Jayprakash Kishanchand Khatwani

Case brief

What is this about?

What did the court decide?

Dharmendrabhai @ Rajubhai Dahyabhai Shah Legal Heir of Deceased Dahyabhai H Shah v. Jayprakash Kishanchand Khatwani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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