KURIAN JOSEPH, R.BANUMATHI
ANIL KUMAR DADURAO DHEKLE – Appellant
Versus
RUKHIBEN – Respondent
JUDGMENT
R. BANUMATHI, J.
This appeal arises out of the judgment and order dated 16.10.2003 in Civil Revision Application No.1517 of 1983 passed by the High Court of Gujarat at Ahmedabad, dismissing the revision petition thereby affirming the order of the First Appellate Court which reversed the order of eviction passed by the trial court. Vide impugned order, the High Court declined to order eviction on the ground of default in payment of rent and sub-letting without the permission of the landlord.
2. Brief facts which led to filing of this appeal are as follows: The appellant herein is the owner of the property known as “Radha Bhuvan” a two storeyed building situated on Vadi Rang Mahal, Hathia Khan Road, Vadodara City near Alankar Studio and flour mill. The property consists of ground floor, first floor and second floor. The ground floor of the suit premises was let out to the first respondent-defendant No.1 Manilal Ishwarbhai Valand-the original tenant in the year 1958 on a monthly rent of Rs. 30/-. The original tenant was running a hair cutting salon in the rented premises under the name of ‘Excellent Hair Dressing Saloon’. The tenancy commenced from the 6th day of the month an
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