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2003 Supreme(SC) 264

R.C.LAHOTI, ARUN KUMAR
Dwarkaprasad – Appellant
Versus
Niranjan – Respondent


JUDGMENT

Arun Kumar, J.-The appellant as owner landlord of Premises No. 79, Main Road, Nasik, instituted an eviction suit in the court of Civil Judge, Senior Division, Nasik, for a decree of eviction against the respondents herein regarding the suit premises comprising ground floor and first floor of house bearing Municipal No. 79, Main Road, Nasik. According to the averments in the plaint, a portion of the suit property was given on lease vide Lease Deed dated 16.10.1971 to the defendants. The ground floor and first floor of the property along with some open space formed part of the lease in favour of defendants. The defendants had given an advance of Rs.15,000/- to the plaintiff. The advance amount was to be adjusted out of the monthly lease charges to the extent of 50%. The monthly rent was fixed at Rs. 351/-. Thus, the defendants were liable to pay only a sum of Rs. 175.50 each month and the remaining half, that is, Rs. 175.50 per month was adjusted towards the advance of Rs.15,000/-. The eviction suit was instituted mainly on two grounds, that is, default in payment of rent and bona fide need of the plaintiff for use of the demised premises by himself and members of his famil























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