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1969 Supreme(Bom) 14

N.L.ABHYANKAR
Diwalibai Damjibhai Bhatti and Ors. – Appellant
Versus
Jaikumar Gopaldas Jain. – Respondent


JUDGMENT - 1. The petitioners in this case under Art, 227 of the Constitution are two windows of one Damjibhai and his two minor sons Liladhar and Champalal. They along with Damjibhai were occupying certain premises in Amravati town. The opponents are the landlords of those premises. /they filed an application on 2-12-1964 seeking permission to terminate the tenancy of the premises under Clause 13 (3) (I) and (ii) of the Rent Control, Order. The proceedings seem to have protracted for a considerable time and were fixed for 27th January 1966. It may be mentioned that both parties were represented by their counsel before the Rent Controller. On 27th January 1966 the counsel of the opponents-landlords intimated to the Court that Damjibhai was dead. One Sureshchandra it appears, was present in Court on that date and he informed about Damjibhais death, he being the nephew of Damjibhai The landlords counsel therefore wanted time to bring he legal representatives on record and case was adjourned to 2-2-1966. An application to bring on record the present petitioners was a granted and they were noticed for appearance and evidence on 14-2-1966. On 14-2-1966, the petitioners were represented











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