SCA/8028/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8028 of 2008 ========================================================= NARESHKUMAR NATWARLAL SHAH & 12 - Petitioner(s) Versus STATE OF GUJARAT & 10 - Respondent(s) ========================================================= Appearance : MR NIRAL R MEHTA for Petitioner(s) : 1 - 13. GOVERNMENT PLEADER for Respondent(s) : 1, DS AFF.NOT FILED (N) for Respondent(s) : 1 - 5,7 - 11. MS MAMTA R VYAS for Respondent(s) : 6, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 06/06/2008 ORAL ORDER
Mr.
Niral Mehta submitted that the petitioners have been paying rent to
the respondent-trust. He has not produced on record the rent receipt
issued by the trust.
On
the other hand, Ms Mamta Vyas disputes the said contention and states
that the trust has never accepted any rent from the petitioners nor
the petitioners have paid any rent to the trust. She further submits
that Mr. Pravinbhai and another Mr. Ramanbhai were acting without the
authority of the trust and neither the trust nor the authorised
person have received rent from the petitioners.
In
absence of any document on this count, the issue cannot be examined.
Further, it would also not be possible to go into the disputed facts
more so when this aspects are not determined by the authority.
Nonetheless, with a view to afford an opportunity to the parties to
produce the rent receipt on record, S.O. to 13th June,
2008.
(K.M.
THAKER, J.)
siji