GUJARAT HIGH COURT
MAYANKKUMAR DHANSUKHLAL – Appellant
Versus
C RAJNIKANT & CO – Respondent
ORAL JUDGMENT
1. Present is a civil revision under Section-29 of the Bombay Rents, Hotel & Lodging Rates Control Act, 1947 (“the Rent Act”) against Judgement and Decree dated 30th March, 1992 passed in Regular Civil Appeal No.50 of 1985 by the learned 2nd Joint District Judge, Surat, reversing Judgement and Decree dated 29th January, 1985 passed in Rent Suit No.483 of 1979 by the learned Judge, Small Causes Court, Surat.
2. The facts necessary for disposal of the present revision application are that the present applicant-plaintiff filed a suit seeking eviction of the opponents on the grounds described in the plaint. It was the case of the plaintiff that the defendants have committed an act contrary to the provisions of Clause-(o) of Section-108 of the Transfer of Property Act, 1882 i.e. he has changed the user of the premises, that without consent in writing by the landlord, he has erected certain permanent structures on the premises and that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit. The plaintiff submitted before the Court that the premises were l
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