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1995 Supreme(Guj) 174

S.D.SHAH
RAMANBHAI M. PARMAR – Appellant
Versus
AMBABEN HARGOVINDDAS – Respondent


Advocates Appeared: B.S.PATEL, SHAILESH PARIKH

S. D. SHAH, J.

( 1 ) IN this group of Civil Revision Applications, the respondent is the judgment-creditor and petitioners are the judgment-debtors (defendants ). It appears that the respondent-plaintiff instituted Regular Civil Suit No. 461 of 1988 against Manubhai Dahyabhai Parmar (since deceased) now represented by legal heirs and representatives, who are the petitioners. The suit was filed to recover possession of the suit premises for non-payment of rent commencing from 9-3-1987 at the rate of Rs. 29. 00 per month till the date of the suit and for further relief of payment of rent or mesne profit at the rate of Rs. 29. 00 till the possession of the suit premises is handed over to the plaintiff. In such suit, the heirs and legal representatives of the original defendant appeared and contended that the rent at the rate of Rs. 29. 00 per month was excessive and the standard rent was Rs. 15. 00 only. It appears at the hearing of the suit, i. e. , on 17th March, 1993 before Civil judge, (SD), a compromise Pursish was filed at Exhibit-39, which inter alia directed that the projected shed beyond 6 feet in the western direction in the land of the plaintiff was to be removed by the defe

















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