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1976 Supreme(Guj) 39

C.V.RANE, S.H.SHETH
NANDUBEN DAYALJI – Appellant
Versus
BHATIA RANCHHODDAS LALJI – Respondent


Advocates Appeared: A.M.SHAIKH, C.K.TAKVANI, SURESH M.SHAH

S. H. SHETH, J.

( 1 ) THE plaintiffs filed the present suit against. the defendant for recovery of possession of the suit premises on the ground that the plaintiffs required them reasonably and bona fide for their personal occupation and that the defendant had denied the plaintiffs title. The suit premises are situate at possession.

( 2 ) THE defendant denied the plaintiffs claim.

( 3 ) THE learned Trial Judge negatived the plaintiffs allegation as to their reasonable and bona fide requirement of the suit premises but held that since the defendant had denied the plaintiffs title she had forfeited the lease. In that view of the matter the learned Trial Judge passed in favour of the plaintiff decree for possession.

( 4 ) THE defendant appealed against that decree to the District Court. The learned Appellate Judge confirmed both the findings and dismissed the appeal.

( 5 ) IT is that appellate decree which is challenged by the defendant in this Civil Revision on Application.

( 6 ) MR. Shah who appears for the defendant has raised before us the following two contentions: (1) In the facts and circumstances of the case the defendant had not denied the plaintiffs title. (2) Even if the def











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