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1961 Supreme(Guj) 67

P.N.BHAGWATI
PANCHAL MOHANLAL ISHWARDAS – Appellant
Versus
MAHESHWARI MILLS LIMITED – Respondent


Advocates Appeared: J.M.THAKAR, M.P.AMIN

P. N. BHAGWATI, J.

( 1 ) THIS Revision Application arises out of a suit filed by the plaintiffs against the defendant to recover possession of certain premises situate on Dudheshwar Road Ahmedabad. The premises consist of a structure known as Chhagan Kishor Iron Factory. It appears that from 1931 the defendant was in possession of the premises as a tenant of the plaintiffs. A deed of lease was executed by the between the plaintiffs and the defendant on 28the November 1942 whereby a lease of the premises was granted by the plaintiffs to be defendant for a period of five years from 1st February 1942 at the rent and on the terms and conditions contained in the deed of lease. There was some dispute between the parties as to whether the plaintiffs were the lessors under the deed of lease or whether the lessors were Dhirajlal Khushaldas and Company Agents of the plaintiffs. I shall discuss this aspect of the matter later but for the purpose of the present narration I shall proceed on the basis that the lessors under the deed of lease were the plaintiffs. The deed of lease provided for the rent to be paid by the defendant to the plaintiffs for the demise of the premises and also contained





































































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