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2022 Supreme(Guj) 817

A. S. SUPEHIA
Aziz Fazlehusein Karaka – Appellant
Versus
Batul Abbasbhai Rangwala – Respondent


Advocates appeared:
Vishal C.Mehta, Prerak P.Oza, Advocates

JUDGMENT :

1. The present revision application is filed under section 29(2) of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 ("the Rent Act") by the defendant Nos.2 and 4 of the original proceedings.

2. Parties in this judgment are referred to as per their original status in the Suit.

3. Plaintiffs - Batul Abbasbhai Rangwala and Jamuna Abbasbhai Rangwala (i.e. the present opponent Nos.1 and 2) instituted suit H.R.P. No.1471 2008 seeking possession of the suit premises and mense profits along with the costs of the suit. It is the case of the plaintiffs that they are the owners of the properties situated in Kalupur Ward No.1, Near Khadia New Gate, bearing Survey No.2724, admeasuring about 37 sq.mtrs., having floor and Survey No.2725, admeasuring about 90 sq.mtrs., and they are in possession and occupation of the ground floor and the premises of the first floor and second floor bearing M.C. No.589/A and Tenement No.0114- 1100-0002-V has been given to defendant No.1 as a tenant of the said premises with monthly rent of Rs.60/- since 1970. It is further their case that the suit was instituted by asserting that the family members of defendant No.1 and his uncle Fazlehu

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