( 1 ) PETITIONER " original plaintiff " His Holiness dr. Saiyadna Mohammed Burhanuddin Saheb Davat Property trusts Sole Trustees General Power of Attorney and general Estate Manager Shaikh Rajabhai Mohammedali is before this Court being aggrieved of dismissal of h. R. P. Suit No. 3177 of 1974 by the learned Judge of the trial Court - Small Causes Court No. 10 at Ahmedabad on 31. 01. 1980 and dismissal of Civil Appeal No. 164 of 1980 by the Appellate Bench of Small Causes Court at Ahmedabad on 22. 12. 1986.

( 2 ) THE facts giving rise to the present proceeding are that the plaintiff " duly registered Public Trust of which person named is the sole trustee and who is having several properties in the city of Ahmedabad one of which is on Naroda Road " a shop bearing Survey No. 488/b/5 consisting of one room was let by the plaintiff to the deceased defendant who had agreed to pay Rs. 9/- as rent, commencing the tenancy month from 1st day of English calendar month. It is alleged by the plaintiff that the tenant did not pay the rent regularly and fell in arrears of 32 months rent from 01. 09. 1971 to 30. 04. 1974; that the trust required the suit premises for the objects of the trust bonaf

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