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2005 Supreme(Guj) 202

R.M.DOSHIT
DILIPKUMAR CHIMANLAL PARIKH – Appellant
Versus
D. SHANTILAL and CO. – Respondent


Advocates Appeared: GIRISH D.BHATT, NAGIN M.GANDHI, SURESH M.SHAH

R. M. DOSHIT, J.

( 1 ) THE petitioner, defendant No. 5 in H. R. P. Suit No. 332/1976 has preferred the present Revision Application under Section 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Rent Act") against the judgment and order dated 30th March, 1984 passed by the Appellate Bench, Small Causes Court, Ahmedabad in Civil Appeal No. 197/1979.

( 2 ) THE plaintiffs, the partners in a partnership firm M/s. D. Shantilal and Co. , instituted H. R. P. Suit No. 332/1976 in the Court of Small Causes, Ahmedabad for recovery of possession of the suit premises and for arrears of rent. The plaintiffs claimed that they were the owners of the suit property situated at Ahmedabad bearing Survey No. 44-AB-1-24; that part of the suit property (hereinafter referred to as "the suit premises") was leased to M/s. Signwave Industries in which the defendants No. 1 and 2 were the partners. The defendants Nos. 3 and 4 being the partners in the said firm were impleaded by order made below application Exh. 43. The defendant No. 1 had filed Misc. Application No. 1713/1973 for determination of standard rent. By order made on the said application t











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