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2024 Supreme(Guj) 2195

J. C. DOSHI
Hiren Manharlal Dhruv – Appellant
Versus
Manishbhai Bipinchandra Shah – Respondent


Advocates Appeared:
For the Appellant : MR NV GANDHI
For the Respondent: MR KUNJAL D PANDYA

JUDGMENT :

1. With the consent of learned advocates appearing for both parties, the revision is taken up for final hearing at admission stage.

2. The present revision has been filed under Section 29(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 (for short ‘the Rent Act’) challenging the impugned judgment and decree passed by learned Appellate Bench dated 21.03.2024 passed in Regular Civil Appeal No.4 of 2022 confirming the judgment and decree dated 27.07.2021 passed by the learned Trial Court in H.R.P. Suit No.767 of 2013. The revisionist is the tenant and the opponents are the landlords. For the sake of convenience, the parties are referred to as they are stated before learned Trial Court.

3. The brief facts leading to filing of the present revision application are as under.

3.1 It is the case of the petitioner that respondents vide registered sale deed dated 11.12.2000 purchased the suit premises from its original owner namely Chandrakant Shah with sitting tenant i.e. Manharlal Dhruv. Said Manharlal Dhruv filed H.R.P. Suit No.334 of 2001 before Small Causes court seeking injunction. Pending the said suit, said Manharlal Dhruv expired on 13.05.2001 and his h

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