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2017 Supreme(SC) 381

JAGDISH SINGH KHEHAR, N. V. RAMANA, D. Y. CHANDRACHUD
AMBADAS KHANDUJI SHINDE – Appellant
Versus
ASHOK SADASHIV MAMURKAR – Respondent


ORDER

N.V. RAMANA, J.

Leave granted.

2. The appellants herein who are landlords have approached this Court aggrieved by the impugned order dated 22nd September, 2014 passed in Civil Revision Application No. 50 of 2013 by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur wherein and whereby the learned Judge has allowed the Revision by setting aside the judgment and decree passed by the Courts below.

3. The facts of the case in nutshell are that the appellants/landlords filed Small Cause Civil Suit No. 47 of 2005 on the file of the 5th Joint Civil Judge, Junior Division, Amravati seeking recovery of possession on the ground of bona fide requirement, change in usage of premises, willful default and further sought the relief of mesne profits.

4. It is stated in the plaint that the suit schedule premises bearing new Municipal House No. 187/3 in Ward No. 37 on the ground floor, which is part of three storied building, is owned by the plaintiffs. The defendants’ father originally occupied the property on a monthly rent of Rs.200/- for carrying on the business of Dahi (curd), which was let out to him by the mother of 1st plaintiff and grandmother of plaintiff Nos. 2 to 4. A










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