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GUJARAT HIGH COURT
KANTABEN CHHOTALAL SHAH – Appellant
Versus
NANALAL KALIDAS SHETH – Respondent


ORAL JUDGMENT

1. The appeal is admitted for hearing on the following substantial question of law;

(i) Whether on the facts and in the circumstances of the case, the appellant is entitled to an injunction that the respondent is not entitled to evict her, except by taking a process known to law or in accordance with law?.

2. With the consent of the parties, the matter is finally heard.

3. The appellant filed Regular Civil Suit No.13 of 1986 inter-

alia submitting that in view of the certain disputes between the appellant and her husband – Chhotalal Shah, she was given one of the house for her residence and as she was residing in the house. Her husband or her Father- in-law either personally or through the help of any agency, could not dispossess her. The defendant appeared before the Court and submitted that the suit property was leased out to one Jayantilal, who evicted the premises in favour of the defendant, but taking the advantage of the situation, the plaintiff forcibly entered in the house and after a report was lodged against her illegal act, she had filed the suit seeking injunction. The suit was registered as Regular Civil Suit No.13 of 1986. The defendant prayed for dismissal

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