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1967 Supreme(Guj) 91

A.R.BAKSHI, V.R.SHAH
GANDHI BHUPATLAL JAGJIVAN – Appellant
Versus
SHAH SHUKHLAL VARSHIDAS NANALAL – Respondent


Advocates Appeared: D.D.Vyas, H.P.SOMPURA

A. R. BAKSHI, V. R. SHAH, J.

( 1 ) IN this revision application the petitioner is the original plaintiff and the opponents are the original defendants Nos. 1 and 2 in Civil Suit No. 91 of 1961 in the Court of the Civil Judge Senior Division Surendranagar. The petitioner is a tenant In respect of two shops. He entered into a partnership for business with the opponents Nos. 1 and 2 and permitted that partnership to do its business in the shops taken on rent by him. The partnership has been dissolved by a deed of dissolution dated September 23 1958 and according to the terms of this deed of dissolution the opponents agreed to pay Rs. 10800. 00being the amount due to the petitioner on accounts and to hand over possession of the suit shop which is one of the two shops. This amount of Rs. 10800/_ was made payable by instalments and the first instalment of Rs. 2000/was agreed to be paid on Ashad Sud 1 of Samvat Year 2015 and the remaining amount was to be paid on Maha Vad 30 of Samvat Year 2016. The document also provided that if the payment of Rs. 2000/was not made on the due date the petitioner would be entitled to take possession of the suit shop from the opponents. Admittedly default h









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