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2006 Supreme(Guj) 211

P.B.MAJMUDAR
BHAVARLAL GANESHRAM – Appellant
Versus
JASIBEN – Respondent


Advocates Appeared: Punit Juneja

P. B. MAJMUDAR, J.

( 1 ) THE petitioner herein is the original plaintiff of h. R. P. Civil Suit No. 995 of 1992. Aforesaid suit was filed by the plaintiff before the Small Causes Court, Ahmedabad for getting decree for possession of the rented premises from the defendant-tenant on various grounds. Trial Court dismissed the suit against which the petitioner had preferred an appeal being civil Appeal No. 156 of 2001. Said appeal was heard by the appellate Bench of the Small Causes Court, Ahmedabad. Appellate Bench dismissed the appeal against which the unsuccessful plaintiff has filed this Civil Revision Application before this Court by invoking provisions of Sec. 29 (2) of the Bombay Rent Act.

( 2 ) THE plaintiff is the owner of the premises consisting of one room and osary . The same was let out to the defendant at a monthly rent of rs. 13/ -. The original-defendant expired during the pendency of the suit, and therefore, his heirs were brought on record. The case of the plaintiff is that he had earlier filed a suit being Civil Suit No. 4 of 1997 which was dismissed. The plaintiff purchased the suit property from the earlier owner of the premises viz. , Harbhanbhai Valjibhai in the










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