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2002 Supreme(Guj) 639

B.J.SHETHNA
MURLIS CHANDRAKANT CHOKSI – Appellant
Versus
MAGANBHAI HANSJIBHAI PATEL – Respondent


Advocates Appeared: J.B.PARDIWALA

B. J. SHETHNA, J.

( 1 ) THIS revision application is filed by the present applicant who is the original plaintiff no. 1. He and the present opponent no. 1 Rajendra Chandrakant Choksi jointly filed Regular Civil Suit No. 221 of 1998 in the Court of civil Judge (S. D.), Navsari against the present opponent no. 1 and 2 - original defendant no. 1 and 2 for recovering the possession of the suit premises and arrears of rent of the property bearing Municipal House No. 301/6 in the town of Navsari.

( 2 ) ITs an old tenancy of 1972. It is contended by the original plaintiffs in the suit that the suit property was let out to the defendant no. 1 for the purpose of running a diamond factory subject to the following conditions:-1. The month of tenancy would start from 1st day of each English calendar month and would end on the last day of the same month. 2. The rent was required to be paid as and when it accrues due from month to month before 5th day of each month. 3. No major or permanent changes would be effected in the rented premises. 4. The rented premises would be used only for the purpose of running a diamond factory. 5. The rented property would not be permitted to be sublet or transferr












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