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1995 Supreme(Guj) 339

SHARAD D.DAVE
BAKARALI FATEHALI – Appellant
Versus
MOHAMMEDKASAM HAJI GULAMBHAI – Respondent


Advocates Appeared: E.E.SAIYED, M.C.SHAH

S. D. DAVE, J.

( 1 ) THIS is a Civil Revision Application for and on behalf of the tenants, who have suffered a decree of eviction, on the count of the sub-letting or the assignment qua the suit premises.

( 2 ) THE Rent Suit No. 171 of 1978 came to be instituted by the plaintiff-landlord against the original defendant-tenant, Bakarali, who had died during the pendency of the suit, leaving behind the heirs and legal representatives who figure as the defendants in the proceedings. The case of the plaintiff in brief, was that, he is the owner and the landlord of the property situated at Raopura, Baroda (Vadodara) and that the defendant No. 1, was the tenant in a shop on the ground floor at the monthly rent of Rs. 70. 00 and that the monthly tenancy was to be reckoned according to the English Calendar. It has been averred that defendant No. 1 who was the tenant of the premises in question was, guilty of sub-letting the premises or of a transfer or assignment of his rights qua the premises. The whole endeavour on the part of the plaintiff-landlord was to establish that by certain successive partnership agreements creating partnership and the dissolution of the same, ultimately, the defen





















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