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1977 Supreme(Guj) 47

M.P.THAKKAR
GAURISHANKER @ BABULAL GOVINDJI – Appellant
Versus
BHIKHALAL CHHAGANLAL – Respondent


Advocates Appeared: K.L.ABICHANDANI, K.S.MANKAD, S.M.SHAH

M. P. THAKKAR, J.

( 1 ) THIS revision application under sec. 29 (2) of the Bombay Rents Hotel and Lodging House Rates Control Act illustrates how the provisions of the Rent Act are misused how poor tenants are harassed and how lightly eviction decrees are passed in total disregard of their impact and consequences. It becomes a matter of greater concern when it is realised that such a decree has been passed in this case against a poor tenant who is occupying one small room on a rent of 5/- per month in the town of Jetpur and who may not be able to procure a roof over his head if he were turned out.

( 2 ) THE petitioner was inducted as a tenant in the suit room in about 1958. In 1963 his brother died and his widow (Kalaben) came to live with the petitioner as there was nowhere else she could go. In course of time according to the petitioner he entered into a Natra marriage with her. Thereafter they had three sons-one in 1966 one in 1968 and another in 1969. The suit giving rise to the present petition was instituted on July 13 1971 on the ground that the petitioner was using the premises as a brothel and for immoral purposes. The allegation was that the petitioner was living on the ea




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