BAI HARIBEN AMBASHANKER WD O SHRI AMBASHANKER DHANJIBHAI Vs. SHANTILAL JADAVJI SHAH

JUDGEMENT

(1.) This revision application arises out of a wit being Regular Civil suit No. 401 of 1972 filed by petitioners the Original plaintiffs against the opponent original defendant for eviction and recovery of arrears of rent.

(2.) It was the plaintiffs case that the defendant was their tenant in respect of the first the second and the third floors of their property situated on Mahatma Gandhi road Bhavnagar consisting of a ground and three upper floors. It was further the plaintiffs case that the premises were let to the defendant for business purposes and that there was change of user because the defendant was using the second and the third floors of the premises for residence.

(3.) The defendant inter alia contended that the premises were let for the purposes of business as well as residence and from the very inception of tenancy he was using the second and the third floor for the purposes of residence and the first floor for business purposes. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...