SABYASACHI MUKHARJEE, L. M. SHARMA, R. S. PATHAK
Jaywant S. Kulkarni – Appellant
Versus
Minochar Dosabhai Shroff – Respondent
Judgment
SABYASACHI MUKHARJI, J.:- This is an appeal by the tenant. It arises out of an order of eviction passed by the Civil Judge, Thane and confirmed by the learned Assistant Judge of Thane on or about 24th July, 1976. The High Court of Bombay on or about 3rd November, 1981 dismissed an application under Article 227 of the Constitution challenging the said decision. Civil Suit No. 176 of 1974 was filed by the respondentlandlord against the appellants for possession of the building called Jamshed Villa at Thane. The ground floor of the building consists of one hall, two bed rooms, two side rooms and a kitchen. The said premises was let out to one Shri S. H. Kulkarni the deceased father of the appellants some years ago by the respondent on the rent of Rs. 50/- per month. The former owner, it is stated, terminated the tenancy of the appellants on 20th June, 1976, and the deceased Shri Kulkarni continued to occupy it as a statutory tenant. On the sale of the suit property the tenancy of Shri S. H. Kulkarni was duly attorned to the present plaintiff, Shri S. H. Kulkarni then expired. On 11th January, 1973 the respondents served the notice upon the appellants requiring them to vacate s
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