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1968 Supreme(Guj) 134

B.J.DIVAN, V.R.SHAH
MAGANLAL SHIVLAL – Appellant
Versus
MEMON DAUDBHAI MITHABHAI – Respondent


Advocates Appeared: J.M.THAKAR, M.C.SHAH

V. R. SHAH, J.

( 1 ) THESE two Second Appeals arise out of the two suits brought by the respondent in each Appeal to recover possession of certain shops from the appellant under the provisions of sec. 13 (1) (h) of the Saurashtra Rent Control Act 1951 (hereinafter referred to as the Saurashtra Act ). The appellant is in possession of two shops in which he carries on business and he is also in possession of one shop where he stores coal. These shops originally belonged to one Popatlal and his two brothers. The respondent-plaintiff purchased the whole building in which these shops are situate by two different sale-deeds paying aggregate sale price of Rs. 55 0 One sale deed was executed on 31-3-1958; while the other was executed on 1-11-1958. In respect of the two shops in which the appellant-defendant carries on business the respondent filed Civil Suit No. 360 of 1958 on 27-10-1958; while in respect of the shop in which coal is stored by the appellant the respondent filed Civil Suit No. 24 of 1959 on 19-1-1959. The respondent alleged in his plaints that he carried on business in various commodities and he found the premises in which he carried on business insufficient for his needs an




























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