Indian Kanoon - Search engine for Indian Law

4. On the other hand, Mr.Umesh A. Trivedi, learned advocate appearing on behalf of the respondents has opposed the submissions made by learned advocate for the petitioner and supported the impugned judgment and order passed by the lower Appellate Court. In support of his contention, Mr.Umesh A. Trivedi, learned advocate has relied upon the judgments of Kikubhai Pashottambhai Patel Vs.Babubhai Vallabhbhai Patel, reported in 2005(1) G.L.H.602, Jayshreeben Vasantkumar Vithlani Vs. Manjibhai and Company and another, reported in 2007(1) G.L.H.248 and Bhil Kanji Bhagwan (since dead) through his heirs Laxmiben Kanji and others Vs. Bhil Karsan Bijal and others, reported in 2003(3) G.L.H.2080 and submitted that if the appellate Court has discussed all the points and arguments in the body of the judgments, no interference is called for in the matter either in the second Appeal or in the Revisional jurisdiction provided under the Bombay Rent Act. He further submitted that the first Appellate Court has considered the case on merits and the judgment and order passed by the lower Appellate Court is just, legal and proper and the same would not stand vitiated merely because points of determination have not been formulated by the lower Appellate Court and, therefore, there is no need to remand the case for fresh consideration to the first Appellate Court.