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1967 Supreme(Guj) 103

J.B.MEHTA
KASTURBHAI RAMCHAND PANCHAL and BROS. – Appellant
Versus
FIRM OF M/s. MOHANLAL NATHUBHAI – Respondent


Advocates Appeared: B.B.THAKORE, B.R.SHAH

J. B. MEHTA, J.

( 1 ) THESE two cross revision applications are filed respectively by the original plaintiff and by the original defendants 1 and 3 against the decree passed by the City Civil Court giving partial possession of the suit premises to the plaintiff and to that extent modifying toe trial Courts decree which was for possession of the entire suit premises. The short facts which have given rise to these revision applications are as under:-THE plaintiff is a partnership firm registered under the Indian Partnership Act. The plaintiff is the manufacturer and dealer in steel furniture and steel goods. The plaintiff has a factory in the interior of Ghanchis Wadi near Pankor Naka where the steel goods and furniture are manufactured. As the plaintiff was in need of premises on the main road of Pankor Naka to open a show room and a sales office for its steel goods and furniture the plaintiff firm purchased the suit house in an auction sale held on 26th October 1966. The final sale certificate was issued on 25th April 1957 and thus the plaintiff purchased the suit premises from the Custodian of Evacuee Properties for a consideration of Rs. 35 250 The plaintiffs partner Chimanlal is











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