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1985 Supreme(Guj) 100

A.P.RAVANI
NARAN ANAPPA SHETHI – Appellant
Versus
JAYANTILAL CHUNILAL SHAH – Respondent


Advocates Appeared: B.D.PATEL, G.M.AMIN, P.M.VYAS

A. P. RAVANI, J.

( 1 ) IS there any virtue in insisting upon the strict compliance of procedural requirement against the considerations of substantial justice? The question has arisen in the background of almost unending struggle been a landlord and a tenant. The petitioner is a tenant against whom the respondent-landlord filed Civil Suit No 460 of 1979 in the court of Civil Judge (SD) Narol. The respondent landlord filed the suit for eviction of suit premises which consist of rooms. The premises are situated in Odhav locality of city of Ahmedabad. The rent of the suit premises is Rs. 57. 00 per month plus other taxes. The respondent-landlord alleged that the petitioner was in arrears of rent from 12/12/1978 till 31/07/1979 It was also alleged that the petitioner-tenant had not paid the taxes. The suit was filed on the ground that the petitioner-tenant was not ready and willing to pay the rent. Though a notice demanding the arreas of rent was served upon him he neglected to pay the rent. It was also alleged that the respondent-landlord required the suit premises for his personal bona fide use. The respondent-landlord also alleged that the petitioner-tenant was causing nuisance and a


















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