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1967 Supreme(Guj) 30

N.K.VAKIL
MODI MOHANLAL BHAGWANDAS – Appellant
Versus
SHAH KESHAVLAL JETHALAL – Respondent


Advocates Appeared: B.K.AMIN, S.K.ZAVERI

N. K. VAKIL, J.

( 1 ) THIS Civil Revision Application arises out of the judgment given in civil appeal No. 37 of 1962 by the learned Judge of the 8th Court of the Ahmedabad City Civil Court confirming the judgment and decree of the Small Causes Court at Ahmedabad dismissing the suit of the applicants for recovering possession of the suit premises from their tenant the present opponent. The petitioners are landlords of the shop bearing M. C. No. Kalupur Ward 1a No. 1754 on Gandhi Road at Ahmedabad which was leased out to the opponent by the predecessorsin-title of the plaintiffs at the monthly rent of Rs. 60/under a registered rent note in the year 1935. Under the said rent-note the landlord paid the municipal rates and taxes in respect of the premises. Subsequently under a rent-note passed to the petitioner on the 28th of April 1947 the premises were leased from the 1st of September 1947 at the monthly rent of Rs. 60/but as regards municipal taxes new arrangement was arrived at. It was agreed that the landlord was to bear the amount of municipal rates and taxes payable for the assessment year 1943-44 and the amount of rates and taxes in excess of the said amount will be paid by the




















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