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2021 Supreme(Guj) 716

B.N.KARIA
HARCHARANSING AMARJITSING SAHANI – Appellant
Versus
VINAYCHANDRA K. PATEL – Respondent


Advocates Appeared:
For The Appellant : PARTH Y PATHAK
For The Respondent:MR.JYOTINDRASINH J.VALA, LD.ADVOCATE FOR MR. ASHUTOSH S DAVE

ORDER :

1. The petitioner, who is the original defendant before the trial Court in Regular Civil Suit No. 4216 of 2015, has requested to quash and set aside the order dated 18th December, 2017 passed below Exh.7.

2. The short facts leading to the present case reads as under:-

    2.1 Respondent-plaintiff has filed the suit against the present petitioner-original defendant for recovery of the agreed rent and to get vacant possession of the suit premises before the learned Civil Court, Vadodara. As per the contentions made by plaintiff in the suit, defendant was permissible user since 2006 and agreed rent was fixed as Rs. 3200/- in June, 2006. Thereafter, in June, 2007, agreed rent was increased to Rs.3500/ afresh. In the year 2009-2010, agreed rent was again increased to Rs.4500/- . Rent agreement was executed for the period of 11 months. That, other Municipal Taxes were also to be paid by the defendant in addition to maintenance charges of the society. As agreed rent was not paid regularly by the defendant, it was requested by the plaintiff to pass a decree against the defendant and to pay outstanding agreed rent of Rs. 2,97,000/- and get vacant possession of the suit premises. The defend

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