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1994 Supreme(Guj) 45

K.G.SHAH
DUDABHAI – Appellant
Versus
SULOCHANABEN GOPALDAS KOTHARI – Respondent


Advocates Appeared: M.D.PANDYA, S.R.DIVETIA

K. G. SHAH, J.

( 1 ) THIS is a revision application filed under Sec. 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short the Rent Act ). The respondent who is the landlady of the premises, which is a shop, sued the petitioners for a decree for possession of the suit premises on the ground that petitioner No. 1 - the tenant - has unlawfully sub-let, assigned or transferred the suit premises to the other petitioners, i. e. , petitioners Nos. 2, 3 and 4. The ground on which the respondent claimed the decree for possession of the suit premises is covered by Sec. 13 (l) (e) of the Rent Act.

( 2 ) IN the plaint, the respondent averred that the suit shop was given to petitioner No. 1 for running his ownership business in grocery therein at a monthly rent of Rs. 30. 00 Plus Municipal Tax, other Cess, etc. The respondent, in the plaint averred that the suit shop was given to petitioner no. 1 only for the purpose of running his ownership business and he had no right to transfer the shop to anyone. However, petitioner No. 1 has, without any right, transferred the suit shop to petitioners Nos. 2, 3 and 4 quite illegally. The respondent thereafter, issued to th



































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