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2004 Supreme(SC) 554

R.C.LAHOTI
Ramji Purshottam (D) by LRs – Appellant
Versus
Laxmanbhai D, Kurlawala – Respondent


Judgment

R. C. LAHOTI, J.

( 1 ) THE suit premises are part of the prop erty known as Eaglewadi, situated at New mill Road, Kurla, Mumbai. It is a chawl consisting of several rooms which are single- storeyed and numbered. Ramji Purshottam and Jagjivan Ram Purshottam, the two appellants before us, both of whom have expired during the pendency of the proceedings and are represented by their heirs, are brothers and in occupation of two rooms - Room No. 12 and Room No. 13 respectively - in the chawl. For the sake of convenience, we refer the two tenants before us as tenants and the respondents as landlords who are undisputedly the owner-landlords of the chawl. The facts are common and lie in a narrow compass to the extent they are relevant for the purpose of highlighting the issues surviving for decision in these appeals.

( 2 ) THE monthly rent of the tenants-appellants is Rs. 6. 37 paise each. They were in arrears of rent in respect of their respective premises for the period 1. 6. 1969 to 31. 1. 1970. They were served with de- mand-cum-quit notices dated 20th February, 1970. The mode of service was personal on the tenants as also by sending copies thereof under certificate of posting.































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