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1971 Supreme(Guj) 79

S.H.SHETH
MAHARANA MILLS PVT. LIMITED – Appellant
Versus
HARVADAN MANHARRAI – Respondent


Advocates Appeared: R.N.PURANDARE, SURESH M.SHAH, YOGESH S.MANKAD

S. H. SHETH, J.

( 1 ) THIS Civil Revision Application raises a question of jurisdiction of the District Court to entertain Revision Applications against interlocutory orders made in suits governed by sec. 28 of the Bombay Rent Act.

( 2 ) THE material facts of the case are as under:- The plaintiffs have filed Civil Suit No. 245 of 1961 in the Civil Court at Bhuj for recovery of possession of the suit premises. It is not in dispute before me that the subject matter of the suit is governed by sec. 28 of the Bombay Rent Act. The grounds on which the plaintiffs seek decree for possession are:- (1) unlawful sub letting of the suit premises by the defendant No. 1 to the defendant No. 2 and (2) the irregularity in payment of rent and consequent breach of a term of tenancy. In course of the proceedings an application for amendment of plaint was made and it was granted. the said amendment the plaintiffs added one more ground in support of their claim for possession. It is non user of the suit premises for more than six months without any reasonable cause. The defendants filed in the first instance written statement to the plaint. It did not contain any plea for fixing standard rent of the sui








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