- (1.) Leave granted.
(2.) This appeal arises out of a judgment and order dated 26th December, 2007 passed by the High Court of Gujarat at Ahmedabad whereby Civil Second Appeal No.17 of 2007 filed by the appellant has been dismissed and the judgment and decree passed by the Courts below affirmed. The facts giving rise to the filing of this appeal may be summarised as under:
(3.) A parcel of land admeasuring 1891.64 square meters situated in Sector 30, Gandhidham in the State of Gujarat was granted in favour of Smt. Pushpa Pramod Shah-respondent No.2 in this appeal on a long-term lease basis. A formal lease-deed was also executed and registered in favour of the lessee stipulating the terms and conditions on which the lessee was to hold the land demised in her favour. The respondent-lessee it appears committed default in the payment of the lease rent stipulated in the lease-deed with the result that the appellant-lessor issued notices dated 12th December, 1975 and 17th July, 1976 calling upon the lessee to pay the outstanding amount with interest and stating that the lease of the plot in question shall stand determined under Clause 4 thereof and possession of the demised premises taken over by the appellant-Port Trust in case the needful is not done.;