P. M. CHAUHAN, P. R. GOKULAKRISHNAN, J.

( 1 ) ADMIT. By consent of the learned Advocate for the respective parties heard and finally decide. This Letters Patent Appeal is directed against the order dated 19/12/1988 by the learned single Judge of this Court in Spl. Civil Application No. 7361 of 1988 filed by respondent No. 1-Rameshbhai 1 Bhatt under Art. 226 of the Constitution of India directing the appellant Gujarat Housing Board to restore possession of the premises bearing No. 78/343 situated at Sector 24 Gandhinagar to the responnent No. 1 as the possession is unauthorisedly taken away from the respondent No. 1 by the appellant. The learned Judge also directed the respondent No. 1 to deposit the entire amount of instalments due and payable to the Board by respondent No. 3 In this Court on or before 10/01/1989 and on the said amount being deposited in this Court the Board is at liberty to withdraw the said amount and credit towards the dues in respect of the premises in question.

( 2 ) THE undisputed facts are that the respondent No. 3-P. N. Trivedi is the allottee of the premises in question and was in arrears of instalments for the period upto September 1988 and in arrears of r

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