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1995 Supreme(Guj) 434

N.N.MATHUR
COMPETENT AUTHORITY,gujarat HOUSING BOARD – Appellant
Versus
DHAMJI vijendra MEHTA – Respondent


Advocates Appeared: K.A.Mehta, KETAN DAVE, NAGIN M.GANDHI

N. N. MATHUR, J.

( 1 ) IN this group of petitions, the petitioner-Competent authority, Gujarat Housing Board has approached this Court in second round.

( 2 ) THE Gujarat Housing Board had built tenaments in 326 Middle Income Group (M. I. G.) at Bhavnagar. The present respondents were allotted premises on hire purchase basis. In the year 1984, many of the allottees having not paid rent equivalent to amount of instalments due and payable under the agreement entered into between the Housing Board and the allottees, the Competent Officer appointed under the gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the Gujarat Act of 1972) issued notice to the allottees calling upon them to show cause as to why an order of eviction should not be made. The competent Officer, after following the procedure laid down under the Gujarat Act of 1972, passed the order of eviction on 25-11-1986. The allottees against whom the order of eviction was passed, preferred appeals to the Court of District Judge, bhavnagar. The learned District Judge allowed the appeals and quashed the order of eviction on the ground that the allottees were not governed by the prov























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