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2014 Supreme(SC) 259

SUDHANSU JYOTI MUKHOPADHAYA, KURIAN JOSEPH
Kalpesh Hemantbhai Shah – Appellant
Versus
Manhar Auto Stores through its Partner – Respondent


JUDGMENT :

Sudhansu Jyoti Mukhopadhaya, J.

Delay condoned.

1. Leave granted.

2. These appeals have been preferred by the appellant-landlord against the judgment and decree dated 23rd February, 2010 passed by the Single Judge of the High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No.5521 of 2009 and the judgment and decree dated 1st October, 2010 passed by the Division Bench in LPA No.150 of 2010.

3. The appellant-original plaintiff is the landlord and the respondents- original defendants are the tenants with respect to suit premises which is a shop admeasuring approximately 200 sq. ft. on the ground floor in the building named "Savita Sadan" bearing New Municipal House No. 323 (2) in New Ward No.23, Mofusil Plot, Morshi Road, Amravati.

4. After notice to the tenants to vacate the suit premises on the ground of personal use, in absence of any positive response, the appellant filed Small Cause Civil Suit No.16 of 2007 in the Court of Civil Judge, Junior Division, Amravati seeking eviction of the respondents. The respondents filed their written statement denying the bonafide need of the appellant. Witnesses were examined and evidences were brought on record. Thereafter, 3r








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