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1978 Supreme(Guj) 137

S.H.SHETH
PARVATISHANKER MULSHANKER – Appellant
Versus
PRAFULCHANDRA RAVJIBHAI PATEL – Respondent


Advocates Appeared: M.D.PANDYA, N.J.MEHTA

S. H. SHETH, J.

( 1 ) THE plaintiff-tenant filed the present suit against the defendants (landlords) for a declaration that he has been the tenant in respect of Khadki open chawk and loft along with the other premises admittedly let out to him. He also prayed for a permanent injunction restraining the defendants from interfering with his possession of those three premises in question. The defendants denied his claim. The learned trial Judge held that the plaintiff was not the tenant of the chawk the khadki and the loft but had been merely using them. The learned trial Judge therefore did not grant the plaintiff the declaration but issued a permanent injunction restraining the defendants from interfering with the plaintiffs possession of those three premises in question because the plaintiff has all along been in possession thereof and enjoying it. The plaintiff appealed against that decree to the appellate Bench of the Court of Small Causes at Ahmedabad. The appellate Bench allowed the appeal and declared that the plaintiff has been the tenant in respect of the khadki the open chawk and the loft and confirmed the injunction issued by the learned trial Judge. In that view of the matt














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