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1998 Supreme(Guj) 358

D.C.SRIVASTAVA
SURYAKANT K. SHAH – Appellant
Versus
PUNJABHAI RANCHHODBHAI PATEL – Respondent


Advocates Appeared: MEHUL SHARAD SHAH, MUKUND M.DESAI, SURESH M.SHAH

D. C. SRIVASTAVA, J.

( 1 ) THIS is tenants revision under Sec. 29 of the Bombay rent Act, 1947 against the order of the revisional Court dismissing the revision of the revisionist against the order of the Executing Court. The Executing Court held that the objections to the executability of the decree raised by the revisionist were not sustainable and the decree was neither nullity nor illegal, hence it could be executed.

( 2 ) BRIEF facts are that the disputed premises was let out by the respondent on rs. 55/- p. m. to the defendant. The defendant did not pay rent from 1-10-1968 to 31-5-1969, i. e. , for a period of eight months hence registered notice of demand and eviction was sent on 19-6-1969. Notice was served on the tenant-defendant. Neither the premises was vacated nor the arrears of rent were paid. Hence, the suit for eviction was filed on 20-8-1969.

( 3 ) THE suit was resisted by the defendant on the ground that his father was the tenant and upon his death all his heirs became co-tenants, and since they were not impleaded the suit was not maintainable. It was admitted that the rent could not be paid after receipt of notice on 28-6-1969. However, it was said that the rent wa























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