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1991 Supreme(SC) 315

M.FATHIMA BEEVI, B.C.RAY
Gulabbai – Appellant
Versus
Nalin Narsi Vohra – Respondent


Advocates:
Aditi Chaudhary, M.KARANJAVALA, NANDINI GORE, P.H.Parekh, SHISHIR SHARMA, V.M.TARKUNDE, Y.S.Chitale

JUDGMENT

RAY, J.:—This appeal on special.leave is directed against the judgment and order passed by the High Court at Bombay in Writ Petition No. 1689 of 1987# allowing the writ petition, setting aside the judgment and decree passed by the trial Court and affirmed by the lower appellate Court and thereby dismissing the suit filed by the plaintiff (appellant in this appeal) for eviction of the tenant-respondents.

#Reported in 1988 Bom RC 410

2. The matrix of the case as appears from the pleadings of the parties is as follows :-

The plaintiff appellant, Gulabbai instituted Regular Civil Suit No. 19 of 1979 in the Court of Shri S. S. Patil, 111 Jt. Civil Judge, J. D. Ahmednagar at Ahmednagar for vacant possession of the suit property consisting of part of survey No. 3576 in the city of Ahmednagar and also for the arrears of rent and the costs of the suit. Originally the said property belonged to the Imarat Company Private Limited. The plaintiff purchased the said property from Imarat Company Private Limited bearing numbers on the front side on the eastern as 81 to 83 antirear part on the West 89 to 91, for a consideration of Rs. 34,000/ - on August 12, 1976. At the time of purchase of th










































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