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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. Thakker, J
Somabhai Hirabhai Nai – Appellant
Versus
Bhavinkumar Devshanker Dixit – Respondent
| Table of Content |
|---|
| 1. establishing the factual matrix and validity of the rent agreement. (Para 1 , 2 , 8) |
| 2. parties' contentions regarding breach of contract versus statutory termination rights. (Para 3 , 4 , 5) |
| 3. section 106 of the tp act permits termination of monthly tenancy via notice regardless of breach. (Para 6 , 7 , 9) |
| 4. final dismissal of appeal and denial of interim stay. (Para 10 , 11 , 12) |
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| Approved for Reporting | Yes | No |
| ✔ |
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
JUDGMENT
1. The present appeal has been preferred under Section 96 of the Code of Civil Procedure, challenging the judgment and decree dated 30.10.2025 passed by the learned Civil Court in Civil Suit No. 283 of 2021, whereby the learned Court has directed the present appellant–original defendant to hand over vacant and peaceful possession of the suit property to the plaintiffs and to pay an amount of Rs. 5,000/- per month towards rent, after deducting Rs. 2,000/- already paid, from the date of institution of the suit till the date of handing over possession. For the sake of convenience,
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