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1978 Supreme(Guj) 69

M.K.SHAH, S.H.SHETH
SHAH BABULAL SOMALAL – Appellant
Versus
SHAH KANTILAL HARGOVANDAS – Respondent


Advocates Appeared: G.R.SHAIKH, N.I.DAVE, S.B.MAJMUDAR

S. H. SHETH, J.

( 1 ) THE plaintiff filed the present suit against the defendant for recovery of possession of the suit premises on the ground that the defendant had been in arrears of rent. The suit premises consists of a shop situate at village Alina in Kaira District. It appears that on 7th May 1964 plaintiffs father purchased from the defendant the entire building of which the suit premises formed a part. The transaction was evidenced by the sale deed Ex. 18. It appears that it was a sale with a condition to repurchase. On the same day the defendant executed rent-note in favour of the plaintiffs father in respect of the suit premises which constitute only a part of the property which plaintiffs father purchased. The rent which was fixed under the rent-note Ex. 19 was Rs. 135. 00 per year. It appears that the defendant paid rent for some time and thereafter became irregular in payment. Therefore the plaintiff served upon the defendant notice determining his tenancy in respect of the suit premises. The defendant replied to that notice and contended that there was no relationship of landlord and tenant between the parties and that the only relationship which existed between them wa






















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