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1974 Supreme(Guj) 64

S.H.SHETH
SONI JAGJIVAN NARSI – Appellant
Versus
MANCHHABEN ODHAVJI – Respondent


Advocates Appeared: B.D.SHUKLA, SURESH M.SHAH

S. H. SHETH, J.

( 1 ) THE plaintiff filed against the defendant the present suit for recovering possession of the suit premises on four grounds. Firstly she alleged that the defendant has acquired vacant possession of a suitable residence within the meaning of sec. 13 (1) (1) of the Bombay Rent Act. Secondly she alleged that she requires the suit premises reasonably and bonafide for her occupation within the meaning of sec. 13 (1) (g ). Thirdly she alleged that the defendant has unlawfully sub-let the suit premises and was therefore liable to be evicted under sec. 13 (1) (e ). Lastly she alleged that the defendant had Been in arrears of rent and had therefore rendered himself liable to be evicted under sec. 12 of the Rent Act.

( 2 ) THE defendant in his turn challenged the validity of the statutory notice served upon him.

( 3 ) THE learned Trial Judge upheld the validity of the statutory notice and negatived all the grounds of eviction raised by the plaintiff. He therefore dismissed the suit.

( 4 ) THE plaintiff appealed to the District Court against the decree passed by the learned Trial Judge. The learned Appellate Judge held that the statutory notice was valid negatived all groun








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