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2016 Supreme(SC) 1005

Nandkishor Savalaram Malu (Dead) Through Lrs. – Appellant
Versus
Hanumanmal G. Biyani (D) Thr. Lrs. – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 23.03.2010 passed by the High Court of Judicature at Bombay in Civil Revision Application No.493/2008 allowing the said revision application filed by the respondents herein.

3. Facts of the case lie in a narrow compass so are the issues involved in the appeal, a short one. It would, however, be clear from the facts mentioned infra.

4. The appellants are the plaintiffs (landlords) whereas the respondents are the defendants (tenant).

5. One Mr. Sawalaram Shriram Malu and Mr. Nandkishore Sawalaram Malu (father and son respectively) jointly owned House No.47/48 situated in Madhavnagar at Sangli (MH) (hereinafter called "the suit house"). They let out the suit house to a firm called "M/s Biyani Textile" (hereinafter referred to as "the Firm”) on a monthly rent of Rs.260/-.

6. On 09.03.1982, the landlords served a quit notice on the tenant-Firm and determined the tenancy by demanding arrears of rent for the period 01.06.1980 to 28.02.1982 and possession of the suit house. Since the Firm did not pay the arrears as demanded and nor vacated the suit house, the landlords were cons



























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