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GUJARAT HIGH COURT
KUNDAN SINGH, J
LAXMIBEN AMBALAL LODHA – Appellant
Versus
VASANTIBEN WD/O PRATAPSING DEVISING(THROUGH LEGAL HEIRS) – Respondent
| Table of Content |
|---|
| 1. revision application based on prior judgments allowing eviction of tenants. (Para 1 , 2) |
| 2. appellate court's incorrect interpretation of suitable accommodation entailed. (Para 3 , 8 , 9) |
| 3. suitability of accommodation relative to tenant's needs and family consideration. (Para 4 , 10) |
| 4. new findings on improved premises negate prior judgment's applicability. (Para 7 , 11 , 12) |
| 5. final ruling favored tenants' rights over landlords' eviction requests. (Para 13 , 14) |
JUDGEMENT
This Revision Application arises out of the judgment and decree dated 8.4.2003 in Civil Appeal No. 169 of 1999 passed by the Appellate Bench of Small Causes Court, Ahmedabad whereby the appeal has been allowed and the judgment and decree dated 7th September, 1999 dismissing H.R.P. Suit no.393 of 1994 passed by the trial court has been set aside.
2.The petitioners-original plaintiffs-landlords filed H.R.P.Suit no.393 of 1994 for eviction of the respondents-original defendants-tenants from the suit premises on the ground of arrears of rent from 1.3.1978 and on the ground of non-user of the suit property for more than six months and also
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