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1974 Supreme(Guj) 60

S.H.SHETH
DAHYABHAI MOTIRAM – Appellant
Versus
NATHUBHAI BHIMBHAI NAIK – Respondent


Advocates Appeared: D.D.Vyas, K.S.NANAVATI

S. H. SHETH, J.

( 1 ) THE plaintiff-landlord filed against the defendanttenant the present suit for recovering possession of the suit premises on three grounds. Firstly he alleged that the defendant had been in arrears of rent from December 1 1967 to November 30 1968 Secondly he alleged that he required the suit premises reasonably and bona fide for his own occupation. Thirdly he alleged that the defendant had built a suitable residence for himself. The rent of the suit premises is Rs. 63. 50 per month. The suit premises are situate in the town of Billimora. The defendant denied the plaintiffs claim and contended that the statutory notice served upon him by the plaintiff was invalid. Before the learned trial Judge the plaintiff gave up his contention as to arrears of rent and proceeded with the trial of the suit on two other grounds of eviction. The learned trial Judge negatived the defendants contention that the statutory notice served upon him was invalid. He also negatived the two grounds of eviction which the plaintiff pressed before him for recovery of possession of the suit premises. In that view of the matter he dismissed the plaintiffs suit.

( 2 ) THE plaintiff appealed agai










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