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1985 Supreme(Guj) 154

J.P.DESAI
SHANTUKKUMAR LAXMIKANT SHARMA – Appellant
Versus
SHAH KUMUDCHANDRA VALCHANDBHAI – Respondent


Advocates Appeared: B.D.PATEL, H.B.SHAH, M.D.PANDYA

J. P. DESAI, J.

( 1 ) THE facts leading to the filing of this appeal may be briefly stated as follows : the suit property consists of a room bearing municipal census No. 1635/2 on the first floor of the house situated in Tankshals pole at Ahmedabad. The suit property belongs to a joint Hindu family of Shah Kumudchandra Valchandbhai. The plaintiff is the manager. The suit property was let out to Pandit Joravarlal Ramlal on monthly rent of Rs. 15. 00 plus taxes and education cess. The said Joravarlal according to the plaintiff wanted to go away to his native place viz. Agra and transfer the Suit premises to Some one else and Therefore suit No. 2804 of 1973 Was filed against the said Joravarlal in the court of small Causes at Ahmedabad to obtain permanent injunction to restrain him from transferring the suit property to any one else and injunction was accordingly granted in that suit on 14-3-1977. The plaintiff was in need of the suit permises and therefore he gave a notice by registered post on 3. 10. 1979 to Joravarlal terminating his tenancy and calling upon him to vacate the same which notice was received by one S. K. Sharma who is the defendant in the suit. It was received on 6-10

























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