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2018 Supreme(Online)(Guj) 8994

BHARATKUMAR DHANAJIBHAI KUBER – Appellant
Versus
MARKAND UMEDLAL JOSHI – Respondent


-: O R D E R : -

(1) The suit of the plaintiff is allowed.

(2) It is ordered that the defendant shall pay suit amount of Rs. 7525/- (seven thousand five hundred twenty five only) from the date of filing the suit till the recovery of amount with six percent annual interest and the defendant shall handover vacant possession of place mentioned in tip of Mark - ‘A’ to the plaintiff and the defendant shall pay outstanding accrued rent at the rate of Rs. 175/- per month to the plaintiff from 1/2/2007 till the vacant possession of the place is handed over.

(3) The defendant shall bear the cost incurred by the plaintiff for this suit and the defendant shall bear his own cost.

(4) Decree be drawn as per the order.

7. Being dissatisfied with the judgment and decree of eviction, the appellant herein – original defendant preferred Regular Civil Appeal No.51 of 2013 in the District Court at Jamnagar. The first appellate Court upon re-appreciation of the evidence on record affirmed the judgment and decree passed by the trial Court and dismissed the appeal. 8. Being dissatisfied with the judgment and order passed by the first appellate Court, the appellant – original defendant is here before this Cour

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