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1991 Supreme(Guj) 158

K.G.SHAH
Ashok Thadharam Chawla – Appellant
Versus
Mahabali Bogha Shetty – Respondent


Advocates Appeared: S.N.SHELAT, V.P.Shah

K. G. SHAH, J.

( 1 ) THIS appeal is directed against the judgment and decree dismissing the plaintiffs suit with costs, passed by the learned Civil Judge (S. D.) Kachehhi Bhuj. in Special Civil Suit No. 84 of 1977. The facts of the case may briefly be stated as follows:

( 2 ) ONE Haridas Kevalram was the owner and landlord of Shop No. D-23 situated at Gandhidham, Kachchh. He gave that shop on lease to thadharam Chawla, the father of appellant Nos. land 3 and the husband of Appellant No. 2 in or before 1951. In that shop, Thadharam was doing some business. From January 1,1959, Thadharam gave that shop to respondent No. 1 under various documents executed from time to time. Upto a certain time, those documents were executed by and between respondent No. 1 on one hand and thadharam on the other, and thereafter, by and between respondent No. 2 on one hand and the said Thadharam on the other. It appears that Thadharam died sometime in October 1966, and thereafter some litigations, to which I will have an occasion to refer hereafter, arose between the present appellants, respondents and the origninal owner Haridas. On September 20,1972, an agreement Exh. 129 came to be executed by and betw
































































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