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1993 Supreme(Guj) 414

B.S.KAPADIA
CHAMPAKLAL CHHOTALAL – Appellant
Versus
PARVATIBEN KUBERBHAI – Respondent


Advocates Appeared: M.R.VYAS, S.B.VAKIL

KAPADIA, J.

( 1 ) THE present revision application is filed by the defendants against the opponent-plaintiff. The plaintiff had filed the suit against the tenants being Civil Suit No. 80 of 1973 in the Court of the learned Civil Judge (S. D.) at Surat which was, on the formation of the small Cause Court, numbered as Small Cause Case No. 1309 of 1975. The suit was filed against the tenants under the Bombay Rent Act under Sec. 13 (1) (A) and (L ). The plaintiffs suit for the possession of the suit premises was dismissed but a decree was passed in favour of the plaintiff for recovery of an amount of Rs. 33. 00 from the defendant No. Against the said decree the plaintiff filed the appeal being Regular civil Appeal No. 303 of 1977 and the said appeal has been decided by the learned Extra Assistant Judge, Surat, on 5/04/1980 by allowing the appeal. The judgment and the decree of the trial Court dismissing the suit was set aside and the suit of the plaintiff-appellant for possession was allowed and the defendants-respondents were ordered to vacate and hand over the possession of the suit premises on or before 30/06/1980 failing which the appellant-plaintiff to recover the same by the aid o



































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