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1987 Supreme(Guj) 142

M.B.SHAH
HASMUKHLAL RAICHAND SHAH – Appellant
Versus
ARVINDBHAI MOHANLAL KAPADIA – Respondent


Advocates Appeared: H.B.SHAH, V.J.DESAI

M. B. SHAH, J.

( 1 ) THE only question which calls for determination in this revision application is whether the acquisition of a residential accommodation by a wife of a tenant who resides with her husband would be coveted by the provisions of Sec. 13 (1) (1) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 hereinafter referred to as the Bombay Rent Act. Section 13 (1) (1) reads as under:"13 (1) Notwithstanding anything contained in this Act but subject to the provisions of Sec. 15 a landlord shall be entitled to recover possession of any premises if the Court is satisfied (1) that the tenant after coming into operation of that Act has built acquired vacant possession of or been allotted a suitable residence. "

( 2 ) IN this case the plaintiff-landlord had filed Regular Civil Suit No. 286 of 1984 in the Court of the Civil Judge (J. D.) Ankleshwar for recovering the possession of a suit house on the ground that the defendant had acquired suitable alternative residential accommodation. Before the trial Court it was the contention of the defendant that he had not acquired any residential accommodation but his wife had built one bungalow in Amrutkunj Society from her o



















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