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2011 Supreme(SC) 599

R.M.LODHA, AFTAB ALAM
V. Sumatiben Maganlal Manani (dead) by L. R. – Appellant
Versus
Uttamchand Kashiprasad Shah – Respondent


JUDGMENT

Aftab Alam, J. —

1. This appeal at the instance of the landlady is directed against the judgment and order dated July 23, 1999 passed by a learned single judge of the Gujarat High Court in Civil Revision Application No.1692/1998. By the impugned order, the High Court allowed the revision application filed by defendant no.1, the tenant (respondent no.1 before this Court), set aside the judgments and orders passed by the trial judge and a division bench of the Small Causes Court and dismissed the appellant’s application claiming eviction of defendant No.1 from the suit premises, besides arrears of rent.

2. The trial judge had allowed the appellant’s application and granted a decree of eviction in her favour on the ground that the suit premises had not been used by the tenant, without reasonable cause, for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit. In appeal against the judgment of the trial judge preferred by defendant no. 1 and the cross-objection filed by the plaintiff-appellant, the division bench of the Small Causes Court not only affirmed the finding of the trial court on non-user of the suit pr































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