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1992 Supreme(Guj) 280

C.K.THAKKER
DHIRAJLAL VITHALDAS KAVAIYA – Appellant
Versus
RASIKLAL CHANDULAL PATEL – Respondent


Advocates Appeared: A.J.PATEL, P.B.MAJUMDAR

THAKKER, J.

( 1 ) THIS revision application is filed against an order below applications Exs. 5 and 15 in Rent Suit No. 8 of 1989 passed by the Court of Small Causes, Baroda and confirmed by the Assistant Judge Baroda in misc. Civil Appeal No. 193 of 1989.

( 2 ) TO appreciate the controversy in question few relevant facts may now be stated. The petitioner is the original defendant while the opponent is the original plaintiff. The plaintiff filed a Rent Suit No. 8 of 1989 in the Court of Small causes, Baroda. It was his case that he was tenant of the defendant and was doing business in selling and repairing electric motors in the name and style of baroda Winding Corporation. The suit shop is situate at Varaimata Chowk, lakkad Pitha, in the City of Baroda. The defendant, who was having a shop adjacent to the disputed shop, wanted the plaintiff to vacate the suit shop and hence was harassing the plaintiff. The plaintiff, therefore, filed the above suit for declaration that he was the tenant of the suit shop and the defendant was not entitled to deprive him of legal possession. He also prayed for permanent injunction restraining the defendant from interfering with possession of the plai



















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