JASWANTLAL RATILAL VORA HEIR OF KAMLABEN RATILAL VORA Vs. SUBHADRABEN WD O SURAJMAL BHAGABHAI
HIGH COURT OF GUJARAT
JASWANTLAL RATILAL VORA
SUBHDRABEN WD/O.SURAJMAL BHAGABHAI
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(1.) The plaintiff filed the present suit against the defendant under the Bombay Rent Act for recovering possession of the suit premises on four grounds. The defendant had been in arrears of rent. The plaintiff required the suit premises reasonably and bona tide for her own occupation The suit premises were not used by the defendant for more than six months prior to the institution of the suit without any reasonable cause for the purpose for which they were let. The defendant had acquired suitable accommodation for her residence. The defendant denied the plaintiffs claim. Before the learned trial Judge ground of arrears of rent was not pressed. The learned trial judge on merits negatived three other g rounds and dismissed the plaintiffs suit.
(2.) The plaintiff appealed against the decree to the appellate Court. Before the appellate Court the plaintiff pressed two grounds and sought decree for possession against the defendant. The ground relating to nonuser of the suit premises available to the plaintiff under sec. 13 (1) (k) of the Bombay Rent Act was canvassed by the plaintiff but was negatived by the appellate Court. He also pressed for obtaining decree for possession the ground of the defendant hiving acquired suitable accommodation within the meaning of sec. 13 (1) (L) of the Bombay Rent Act. The appellate Court upheld this ground and passed in favour of the plaintiff decree for possession.
(3.) It is that decree which is challenged by the defendant in this civil revision application.;
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