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1979 Supreme(Guj) 131

B.K.MEHTA, D.C.GHEEWALA
SHAH CHATRABHUJ NARSHI – Appellant
Versus
NENSIBHAI SHAVANJIBHAI GOHIL – Respondent


Advocates Appeared: C.V.JANI, G.B.MODI, H.B.SHAH

B. K. MEHTA, J.

( 1 ) A short but interesting question arises in this revision application preferred by original defendants Nos. 1 and 2, who were respectively original tenant and sub-tenant or assignee from the original tenant, of the shop bearing census No. 4602/1 situate at Kalupur within the city of Ahmedabad. The monthly rent of the premises was Rs. 100. 00. The opponents herein, who were the original plaintiffs, filed the present suit for possession against the defendants on the grounds of arrears of rent, bona fide personal use and subletting by defendant No. 1 to defen dant No. 2. The Small Causes Court at Ahmedabad, where this suit was filed, granted the eviction decree on the sole ground of subletting under section 13 (1) (e) of the Bombay Rents, Hotel and Lodging House Rates Collateral Act, 1947 (hereinafter referred to as the Bombay Rent Act) since diffident No. 1 Shah Chatrabhuj Narshi (hereinafter called the original tenant) had entered into a partnership with 16 other persons for carrying on business of goods transport under the name and style of The Orient Mail Speed Transport Company on the terms and conditions as contained in the partnership deed executed between t




























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