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2010 Supreme(Guj) 213

K.A.PUJ
DINESH SAKARABHAI PATEL – Appellant
Versus
SURYABEN NA VINCHANDRA SHAH – Respondent


Advocates Appeared
S. P. Majmudar, for the Petitioner.
P. C. Kavina, Sr. Advocate, with Rahul K. Pandya, for the Respondent.

Judgment

K. A. PUJ, J. The petitioners-original defendants have filed this Civil Revision Application under Sec. 29(2) of the Bombay Rents, Hotel & Lodging Rates Control Act, 1947 challenging the judgment and order dated 14-5-2010 passed by the Appellate Bench of the Small Causes Court, Ahmedabad in Civil Appeal No. 69 of 2008 confirming the judgment and decree passed by the Small Causes Court No.6, Ahmedabad on 25-3-2008 in H.R.P. Suit No. 372 of 2005.

2. Heard Mr. S. P. Majmudar, learned Advocate appearing for the petitioners and Mr. P. C. Kavina, learned Senior Counsel appearing with Mr. Rahul K. Pandya for the respondents on caveat. With the consent of the parties, the matter is taken up for final hearing even at admission stage.

3. The brief facts giving rise to the present Civil Revision Application are that the petitioners are the original defendants of H.R.P: Suit No. 372 of 2005 which was instituted by the respondent under the provisions of the Bombay Rent Act. The suit was filed on the ground that the petitioners are not using the suit premises for personal use, and hence, the respondent is entitled to get the possession of the suit premises. It was also alleged in the suit




























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