Gujarat High Court
Shobhnaben Babubhai Chauhan vs Prabhat Manubhai Pandiya on 7 January, 2025
NEUTRAL CITATION
C/CRA/335/2016 ORDER DATED: 07/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 335 of 2016
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2024
In
R/CIVIL REVISION APPLICATION NO. 335 of 2016
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SHOBHNABEN BABUBHAI CHAUHAN & ORS.
Versus
PRABHAT MANUBHAI PANDIYA & ORS.
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Appearance:
MR. JAINISH P SHAH(7033) for the Applicant(s) No. 1,2,3
MR SAURABH M PATEL(5019) for the Opponent(s) No. 1,2
UNSERVED EXPIRED (N) for the Opponent(s) No. 3
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 07/01/2025
ORAL ORDER
1. The present Civil Revision Application has been filed for quashing and setting aside the judgment and order dated 15.12.2015 passed by the learned Ad-hoc Additional District Judge, Valsad in Regular Civil Appeal No.141 of 2005 as well as the judgment and decree dated 28.09.2005 passed by the learned Principal Senior Civil Judge, Pardi in Regular Civil Suit No.112 of 1998.
2. In the present application, the issue involved is that the rent suit was filed on the grounds of bona fide requirement and arrears of rent. The suit ultimately was dismissed vide order dated 28.09.2005 and the said order was challenged before the lower appellate Court and the lower appellate Court vide judgment and Page 1 of 3 Uploaded by MISHRA AMIT V.(HC00187) on Fri Jan 17 2025 Downloaded on : Fri Jan 17 22:43:56 IST 2025 NEUTRAL CITATION C/CRA/335/2016 ORDER DATED: 07/01/2025 undefined order dated 15.12.2015 dismissed the appeal and thereby confirmed the order passed by the trial Court in Regular Civil Suit No.112 of 1998.
3. Learned advocate for the applicants, who is landlord, has submitted that that respondents in the suit have evicted the premises and are not staying in the premises since last two years and due to non-usage of the property in the dispute, property has come at dilapidated stage and the same is causing grave deterioration to the property in the suit. It is also the case of the applicants that respondents have abandoned the property since long ago. Moreover, by way of filing another application for direction being Civil Application (For Direction) No.1 of 2024, the applicants have sought that since the respondents have also not paid rental amount since long time and, therefore, the respondents be directed to handover the possession of the premises to the applicant.
4. Learned advocate Mr.Saurabh Patel for the respondents has argued that, as per the telephonic instructions from his clients, the respondents are not using the premises since last five years and they do not even require the said premises and have abandoned the premises and as such the respondents agree if the applicants are allowed to take over the possession as the respondents have not applied lock over the said property.
5. Having heard learned advocates fr the parties and having gone through the contents of the application so also the facts of the case, when the property is admittedly not being used and is abandoned since last five years, which fact is also admitted by respondents and since the learned advocate for the respondents has Page 2 of 3 Uploaded by MISHRA AMIT V.(HC00187) on Fri Jan 17 2025 Downloaded on : Fri Jan 17 22:43:56 IST 2025 NEUTRAL CITATION C/CRA/335/2016 ORDER DATED: 07/01/2025 undefined made statement at bar, upon telephonic instructions from his clients, it can clearly be seen that property will be deteriorated if the same is not handed over to the applicants. Therefore, with the consent of the parties when the respondents have evicted the said premises and they do not have objection if the possession of the said property is handed over to the applicants as they do not require the said property and they will also not claim over the property in future, the applicants are permitted to take over the possession of the said premises since the respondents have not applied any lock as the property is lying in dilapidated condition. At this stage, learned advocate for the applicants has also fairly made statement that as there is amicable solution of the dispute between the parties, the applicants will not claim any rent / arrears of rent, if any, that is liable to be paid by the respondents, in future.
6. With the above observations and direction, the present Civil Revision Application is disposed of. Since the main Civil Revision Application is disposed of, nothing would survive in Civil Application (For Direction) No.1 of 2024 and the same is disposed of accordingly.
(SANJEEV J.THAKER,J) MISHRA AMIT V. Page 3 of 3 Uploaded by MISHRA AMIT V.(HC00187) on Fri Jan 17 2025 Downloaded on : Fri Jan 17 22:43:56 IST 2025