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1995 Supreme(Guj) 289

J.N.BHATT
KHEMCHAND KALIDAS MEHTA – Appellant
Versus
KOTHARI GUBHARUCHAND MOTILAL – Respondent


Advocates Appeared: V.C.DESAI

J. N. BHATT, J.

( 1 ) THE petitioner who is the original defendant-tenant has impugned the ejectment decree passed against him by filing this revision under Sec. 29 (2) of the Bombay Rent Act.

( 2 ) THE respondent is the original plaintiff-landlord who is the owner of one residential house bearing No. E/6/155 situated in Galeseth Street at Radhanpur. The plaintiff was the owner of half portion of the said house and later on he purchased the other half from one Mr. K. H. Shah by registered sale deed on 13-2-1975 with sitting tenant, i. e. , petitioner. For the sake of convenience and brevity, the parties are hereinafter referred to as the landlord and tenant.

( 3 ) THE demise property consisted of a room wherein defendant is the tenant at a monthly rent of Rs. 9. 00. After the purchase of the property, the landlord served the defendant-tenant with a notice calling upon him to hand over the possession of the demise property. The claim of the possession was disputed by the tenant by giving reply. Thereafter, the landlord filed regular Civil Suit No. 60 of 1976 in the Court of Civil Judge (J. D.) at Radhanpur for the recovery of possession of the demise property on three grounds, viz. ,


















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