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1979 Supreme(Guj) 65

S.H.SHETH
BHAGWATI SPG. and WVG. WORKS – Appellant
Versus
AHMEDABAD NEW COTTON MILLS COMPANY LIMITED – Respondent


Advocates Appeared: A.K.SHAH, B.P.TANNA, J.M.SHAH, J.R.NANAVATI, K.H.KAJI

S. H. SHETH, J.

( 1 ) THE plaintiff filed the present suit for recovery of possession against the defendants on two grounds. Defendant No. 1-tenant - had not used the suit premises for a continuous period of six months immediately preceding the date of the suit and he had no reasonable cause to do so. Defendant No. 1 - the tenant - had unlawfully sublet a part of the suit premises to defendant No. 2. The suit premises are business premises where the powerlooms have been installed. The suit premises consist of three survey numbers - 16/14 16 and 401/8. The rent agreed upon between the parties was Rs. 55. 00 per month The plaintiff alleged that survey no. 16/24 a part of the suit premises was unlawfully sublet by defendant no. 1 to defendant no. 2. Similarly survey no. 401/8 another part of the suit premises was unlawfully sublet by defendant no. 1 to defendant no. 2 Survey No 16/24 had not been used by defendant no. 1 within the meaning of sec. 13 (1) (k) of the Bombay Rent Act. 2 In defence it was contended by defendant no. 1 that he had been using and occupying all of them and that his powerlooms were there. It was further alleged by defendant no. 1 that defendant no. 2 had trespas




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