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1973 Supreme(Guj) 29

B.J.DIVAN
SHASTRI SADHU ANANDPRIYADASJI GURU MUKTAJIVANANDASJI – Appellant
Versus
PATEL ATMARAM REVANDAS – Respondent


Advocates Appeared: A.M.PIRZADA, G.A.MEHTA, GIRISH D.BHATT

B. J. DIVAN, J.

( 1 ) THE petitioner herein are the original plaintiffs and the respondents are the original defendants. The petitioners had filed a suit against the defendants to obtain peaceful and quiet possession of the premises which have been rented out to respondent No. 1. The two petitioners and respondents Nos. 2 to 6 are the Trustees of a Trust and two out of the several trustees filed the suit as the plaintiffs as the remaining trustees were not available in Ahmedabad to initiate the proceedings. The Trustees filed the suit under sec. 13 (1) (g) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter referred to as the Act) on the ground that they were trustees of a public charitable trust and the premises were required for occupation for the purposes of the Trust. The allegation in the plaint was that the plaintiffs who were the trustees wanted the premises for the purposes of starting a Harimandir i. e. a temple where no idol is installed but a photograph is placed to be used by the male followers of the particular sect called Swaminarayan Sect of Hindus and that this temple was going to be used for the spread of the tenets of Abjibapa Shri and f








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