Gujarat High Court
Jasubhai Shantilal Patel-Decd.Thro ... vs Trustees Of Wadhwan Mahajan Sarvjanik ... on 10 September, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
C/CRA/1657/1999 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL REVISION APPLICATION NO. 1657 of 1999
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
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1 Whether Reporters of Local Papers may be allowed to see
the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law as
to the interpretation of the Constitution of India, 1950 or any
order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
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JASUBHAI SHANTILAL PATEL-DECD.THRO HEIRS....Applicant(s)
Versus
TRUSTEES OF WADHWAN MAHAJAN SARVJANIK TRUST-SHAH
MAHIPATRAI KASTURCHAND & 5....Opponent(s)
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Appearance:
MR SATYEN B RAWAL, ADVOCATE for the Applicant(s) No. 1 - 1.2
MR AD OZA, ADVOCATE for the Opponent(s) No. 1 - 6
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 10/09/2014
ORAL JUDGMENT
Learned advocate Mr.Satyen B. Rawal for the applicants and Page 1 of 4 C/CRA/1657/1999 JUDGMENT learned advocate Mr.A.D. Oza for the opponents have tendered an undertaking filed by one Mr.Hemendra, son of Pravinchandra Jasubhai Patel, where it is stated in para 1 as under:
"1. I say that I am submitting herewith pursis-cum- undertaking, executed by my family members including myself on 9/9/2014 and as per that undertaking I further undertake that we will pay Rs.1500/- (one thousand five hundred only) for each of the house (House No.3 and 4) towards monthly rent and accordingly for both the houses Rs.3000/- (Rs.three thousand only) will be payable as a rent on or before 10th day of every month. I undertake that Municipal House Tax and other taxes will be paid by tenant and I undertake to pay the same."
2. The undertaking is accompanied by Purshis/ undertaking duly singed by Rakshaben Pravinbhai, Hemendra Pravinbhai, Haresh Pravinbhai and Vijay Pravinbhai. Ledger copy of the undertaking is given to learned advocate appearing for respondents no.1 to 6 as Wadhwan Mahajan Sarvjanik Trust will require possession of the same in case any litigation takes place between the parties. Xerox copy of the same duly singed by the learned advocate on every page is taken on record.
3. In light of the contents of the undertaking following directions are given:
Page 2 of 4
C/CRA/1657/1999 JUDGMENT
(i) The petitioner will continue to pay rent at the rate of
Rs.1500/- (Rupees one thousand and five hundred only) for each house for the next five years commencing from 01.09.2014. After five years rent would be enhanced as per the conditions of Notification dated 11.11.1982 and as per the original rent note.
(ii) The petitioners are directed not to transfer the tenancy right and not to sub-let the premises to any one in any manner whatsoever and not to allow any outsider to stay in the rented premises.
(iii) The petitioners shall not use the rented premises for business/ commercial purposes in any manner whatsoever and the same should be used only for residential purposes.
(iv) The petitioner shall maintain the rented premises in proper manner and shall take utmost care of the property
(v) The petitioner shall neither make any permanent alterations in the premises nor shall damage the property.
4. In the light of the aforesaid order, the judgment and decree passed by the Appellate Court is modified accordingly. In light of the fact that the judgment and decree is modified by this Court it Page 3 of 4 C/CRA/1657/1999 JUDGMENT will not be open for respondents no.1 to 6 to file any execution application for eviction of the present petitioners from the premises in question.
5. The Civil Revision Application is disposed of with the aforesaid directions. Rule is made absolute. Direct service is permitted.
(RAVI R.TRIPATHI, J.) karim Page 4 of 4