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1955 Supreme(Bom) 101

J.C.SHAH
Bai Dahi – Appellant
Versus
Ghanashyam Haridas – Respondent


Judgment

1. These two revision applications arise out of two proceedings which were originally filed in the Court of Small Causes at Baroda. Civil Revision Application No. 1564 of 1953 arises out of Small Cause Suit No. 1425 of 1950 filed by the plaintiff on 1-12-1950 for an order against the defendant Bai Dahi in ejectment on the allegations that the defendant was a tenant, that she was in arrears of rent, and that her conduct amounted to a nuisance to the neighbourhood.

2. Small Cause Suit No. 1210 of 1950 out of which Civil Revision Application No. 1565 of 1953 arises was filed by the plaintiff on 5-10-1950, for a decree for recovery of rent which had fallen in arrears. The claim of the plaintiff in suit No. 1425 of 1950 was for recovery of Rs. 2836-9-3 from the defendant. The two suits were resisted by the defendant Bai Dahi in the trial Court. The defendant contended that she was not in arrears, that in any event the plaintiff was not entitled to file a suit for possession of property against her, and that suit No. 1425 of 1950 was barred under Order IL Rule 2, Civil P. C.

2. The learned trial judge decreed suit No. 1210 of 1950 and dismissed suit No. 1425 of 1950. Appeals were








































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