SHEIKH MAZMUSHA SALEHIN SHEIKH NURMOHA ED Vs. SAIFUDDIN MOHAMEDBHAI
LAWS(GJH)-1979-5-3
HIGH COURT OF GUJARAT
Decided on May 10,1979

SHEIKH MAZMUSHA SALEHIN SHEIKH NURMOHAMED Appellant
VERSUS
SAIFUDDIN MOHAMEDBHAI Respondents

JUDGEMENT

S.H.SHETH - (1.) The plaintiffs filed the present suit against the defendants under the Bombay Rent Act for recovering possession of the suit premises on two grounds. The plaintiffs required the suit premises reasonably and bona fide for their personal occupation. Defendants bad acquired suitable accommodation within the meaning of sec. 13(1)(1).
(2.) The learned trial Judge upheld both the grounds and decreed the plaintiffs suit. Defendants appealed against that decree to the District Court. The learned appellate Judge held that the plaintiffs did not require the suit premises reasonably and bona fide for their personal occupation. He therefore set aside the finding recorded in that behalf by the learned trial Judge. However he upheld the finding recorded by the learned trial Judge that the defendants had acquired suitable residence within the meaning of sec. 13(1)(1). In that view of the matter he dismissed the appeal and confirmed the decree for possession.
(3.) It is that appellate decree which is challenged by the defendants in this Civil Revision Application.;


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