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1961 Supreme(Guj) 140

P.N.BHAGWATI
PINJARE KARIMBHAI DEDUBHAI – Appellant
Versus
SHUKAL HARIPRASAD MANISHANKAR – Respondent


Advocates Appeared: B.R.SHAH, S.B.VAKIL

P. N. BHAGWATI, J.

( 1 ) THIS application for revision arises out of a suit filed by the plaintiff against the defendant for recovering possession of a shop together with arrears of rent in the Court of the Civil Judge Junior Division Sidhpur. In order to appreciate the contentions which have been urged before me in this Revision Application it is necessary to set out briefly the facts giving rise to this litigation. The facts are few and for the most part undisputed and may be briefly stated as follows:-THE plaintiff is the owner of a shop situate on the ground-floor of a building in Sidhpur. The defendant was at all material times a tenant of the plaintiff in respect of the shop. The contractual rent of the shop was Rs. 8/per month. The defendant paid the rent of the shop at The contractual rate of Rs. 8/per month up to 4th January 1954 and thereafter failed and neglected to pay any rent to the plaintiff. The plaintiff gave notice to the defendant on 4th February 1956 calling upon the defendant to pay up the arrears of rent and also terminated the tenancy of the defendant. The defendant however did not pay any amount to the plaintiff in respect of the arrears of rent even though a















































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