KALYANJI VASRAM Vs. MATHURDAS PRANJIVAN LOHANA
LAWS(GJH)-1982-11-26
HIGH COURT OF GUJARAT
Decided on November 23,1982

Kalyanji Vasram Appellant
VERSUS
Mathurdas Pranjivan Lohana Respondents


Referred Judgements :-

M. SHIVRAMA V. MAHABALA BHATT [REFERRED TO]
FITTER PEER SAHEB V. BALACHANDRA RAO [REFERRED TO]
HARCHARAN SINGH VS. SHIVRANI [REFERRED TO]
KANAK LATA GHOSE VS. AMAL KUMAR GHOSE [REFERRED TO]


JUDGEMENT

- (1.)Total absence of consideration of evidence given by the tenants in regard to a vital point like the service of notice terminating their tenancy is a point of law going to the root of the matter. Were the Courts below not bound in law to consider the evidence given by the. tenants? But surely both the Courts below should have considered the evidence, but if they do not consider the evidence as mentioned above, I am of the view that the impugned decree obviously suffers from the vice of error in law and must correct the decree passed by the lower Appellate Court.
Appeal is allowed to the extent indicated.

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