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1993 Supreme(Guj) 70

N.J.PANDYA
THAKORLAL MOHANLAL TANKARIA – Appellant
Versus
SARASWATIBEN W/o. VADILAL LALJIBHAI – Respondent


Advocates Appeared: K.N.VALIKARIMVALA, K.V.SHELAT, P.B.MAJUMDAR

PANDYA, J.

( 1 ) IS Revision Application is filed by the original-defendants of H. R. P. Suit No. 2111 of 1976 of the Small Causes Court at Ahmedabad. The Suit was filed on various grounds for obtaining vacant possession of the premises consisting of a Dehla portion of a House bearing M. C. No. 1635 situated at Raipur, Kapadiwad, Sonis Khancha, Ahmedabad. The principal ground seems to be that of sub-letting and along with that the other grounds pressed in service were personal bona fide requirement. So far as the latter ground is concerned, from the plaint itself it could be gathered that there is no substance in it. The only reason advanced is that if the premises are vacated, the landlady - plaintiff can keep her car at the place where the suit premises are situated. In other words, the personal bona fide requirement is in respect of parking of vehicle.

( 2 ) THE learned trial Judge, by his judgment dated 31-7-1980 was pleased to pass a decree of eviction. The defendant - tenant carried the matter by way of Civil Appeal No. 381 of 1980 before the Appellate Bench of the small Causes Court at Ahmedabad and agreeing with the learned trial Judge, the learned Appellate Judges by their














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