KUMBHAR PRAGJI BECHAR Vs. PAREKH HARILAL JAGJIVAN
HIGH COURT OF GUJARAT
KUMBHAR PRAGJI BECHAR
PAREKH HARILAL JAGJIVAN
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(1.)This revision application is directed against the judgment and decree of the learned District Judge Bhavnagar allowing Regular Civil Appeal No. 73 of 1967 and dismissing the plaintiffs suit for possession with costs.
(2.)The facts giving rise to this revision application briefly stated are as under :
The present petitioner sued the opponent to recover possession of the suit premises on the ground that he required the suit shop reasonably and bona fide for his personal occupation as the adjoining shop which was in his possession was not sufficient for his business.
(3.)The opponent-defendant was occupying the suit shop on the monthly rent of Rs. 7.00. According to the petitioner-plaintiff he wanted to start a medical store in the suit shop and therefore he served the defendanttenant with a notice terminating his tenancy and as he failed to hand over possession the present suit was filed. The opponent-defendant by his written statement Ex. 9 resisted the suit. He submitted that the plaintiff did not require the suit premises reasonably and bona fide for the personal occupation that he was an old man and was not in a position to do any business that he had made out a false case in order to recover possession from him. According to the defendant he was occupying the suit shop for the last 35 years for the purpose of his Kandoi business and if he was required to vacate the same be would be put to greater hardship. The learned trial Judge decreed the plaintiffs suit and ordered the defendant to hand over vacant possession of the suit shop to the plaintiff on or before 1st July 1967. Against the said judgment an appeal was preferred in the district court which was allowed by the learned District Judge Bhavnagar and hence this revision application by the original plaintiff.
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