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Judgment
Sangeeta K. Vishen, J
Mr.Deep Kothari, learned advocate for the applicant, while inviting attention of this Court to the impugned judgment, submitted that issue no.2 i.e. whether the plaintiff proves that the defendant no.1 has without his consent subletted the suit premises shop no.5 to the defendant no.2 against the terms and conditions of the agreement and therefore, he is entitled to get the vacant possession of the suit premises? and issue no.5 i.e. as to whether defendant no.2 proves that he is a legal tenant of the suit premises, shop no.5?, were decided in negative and affirmative respectively. The trial Court considered the evidence, namely, exhs.77 to 84, which were rent receipts issued in favour of the applicant and signed by the landlord i.e. the original plaintiff, containing certain terms and conditions.
It is submitted that in the appeal, the Appellate Court reversed the judgment of the trial Court without touching the said issues and indicating any error committed by the Court below. It is submitted that there is not a whisper of evidence discussed by the Appellate Court and, more particularly, exhs.77 to 84.
Mr.M.T.M. Hakim, learned advocate for Mr.Muhammadyusuf Kharadi, learned advocate for the respondent no.1 fairly conceded that the Appellate Court has not considered the said documents. It is urged that let the matter be remanded back to the Appellate Court and it may, after hearing, decide the appeal afresh.
In view of the above statement and the fact that the Appellate Court has not discussed the evidence exhs.77 to 84, it would be in the fitness of things that the order of the Appellate Court is quashed and set aside and the matter is remitted to the Court below to decide it afresh.
In view of the above, the captioned Civil Revision Application is allowed. The judgment dated 23.07.2021 passed by the learned Additional District Judge, Modasa in Regular Civil Appeal No.14 of 2017 is hereby quashed and set aside and the Regular Civil Appeal is restored to its original file. Let the appeal be decided afresh, independently and in accordance with law, after considering the evidence on record.
Registry to send back the Record & Proceedings to the concerned Court accordingly.
Direct service is permitted.