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2022 Supreme(Guj) 799

A. S. SUPEHIA
Jaferkhan Allarakabhai Radhanpuri – Appellant
Versus
Dholka Nagar Palika – Respondent


Advocates appeared:
Vivek V.Bhamare, Suhail Z.Saiyed, Premal R.Joshi, Advocates

JUDGMENT :

1. The present writ petition has been filed inter alia for the following relief:

    "9b) This Hon'ble Court may be pleased to hold and declare that the order dated 06.05.2017 passed in Case No.1/2006 dated 03.05.2008 and confirmed in Civil Misc. Appeal No.69/2008 are erroneous, illegal, contrary to facts and law and without application of mind and void and therefore the same may be quashed and set-aside and be further pleased to hold and declare that the petitioner is a deemed tenant of the property in question."

2. The brief facts of the case are as under :

2.1 On 10.07.1971, one Ismailbhai Chandbhai Radhanpuri entered into a Tenancy Agreement with the respondent-Dholka Nagarpalika for the property bearing Tikka No.2C, Survey No.319, admeasuring 1750 sq.ft. situated on the Western side of Bank of Baroda, Dholka Branch, Dholka. The shop is known as Virat Saw Mill. On 20.01.1977, the tenant-father of the petitioner was served with a notice for eviction under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short "the Eviction Act"), which was challenged before Civil Judge, Dholka seeking permanent injunction against the eviction by the resp

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