JAFERKHAN ALLARAKABHAI RADHANPURI Vs. DHOLKA NAGAR PALIKA

JUDGEMENT

(1.) The present writ petition has been filed inter alia for the following relief:

(2.) The brief facts of the case are as under:

(3.) Learned advocate Mr.Bhamare appearing for the petitioner has submitted that father of the petitioner had instituted Civil Suit No.66 of 1977 before the Court of Civil Judge, Junior Division, Dholka and by the judgement and order dtd. 29/11/1980, the respondent was declared not to take possession of the property in question without following due procedure of law and hence, the petitioner, who is the adopted son of Ismailbhai Chandbhai Radhanpuri, can be said to be a "protected tenant" and hence, he could not have been evicted by resorting to the provision of the Eviction Act. He has placed reliance on the definition of 'tenant' as stipulated under Sec. 5(11)(c)(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'the Rent Act') and has submitted that since he is the protected tenant, the provision of the Eviction Act cannot be resorted. It is submitted that the respondent authority should have instituted a civil suit under the provision of the Rent Act for getting him evicted.