1961 (8) TMI 53

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....survey No. 405 Mouje Rajpur-Hirpur admeasuring approximately 38 Gunthas was owned by Bai Jekor and her two sisters. By a lease dated October 15, 1934, this plot of land was granted in lease by the owners in perpetuity to Gajjar Ramanlal Gordhandas and his brother at annual rental of Rs. 558. The lessees -Gajjars - sublet by a lease dated February 7, 1946, the plot also in perpetuity to Narsaji Che....

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....er of the land to non-agricultural purposes, and the Collector of Ahmedabad by order dated November 11, 1949, sanctioned conversion of the user. Thereafter, the appellant by application dated October 27, 1950, applied to the Court of Small Causes, Ahmedabad for fixation of standard rent of the plot under section 11 of the Bombay Rents, Hotel and Lodging Houses Rates, Control Act, 1947 - hereinafte....

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....ered. User of the land could only be altered by the order of the Collector granted under section 65 of the Bombay Land Revenue Code. Section 11 of the Bombay Act 57 of 1947 enables a competent court upon application made to it for that purpose to fix standard rent of any premises. But section 11 is in art II of the Act and by section 6, clause (1), it is provided that in areas specified in Schedul....

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.... (8) "premises" means - (a) any land not being used for agricultural purposes, (b) any building or part of a building let separately (other than a farm building) including - (i) the garden, grounds, garages and out-houses if any, appurtenant to such building or part of a building, (ii) any furniture supplied by the landlord for use in such building or par....