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1971 Supreme(Bom) 114

R.R.BHOLE
Suka Ishram Chaudhari – Appellant
Versus
Jamnabai Ranchodas Gujarathi – Respondent


JUDGMENT - 1. The petitioner here is a tenant in respect of the suit premises belonging to the respondent in village Chopda, District Jalgaon. A vacant plot of land bearing S. No. 7543 and admeasuring 32 x 12 was leased out to the petitioner on 2-11-57 at a monthly rent of Rs. 4/-. The petitioner used it for running a shop after constructing a tin shed on it. It appears that in the year 1963 there was a theft in the shop and, therefore the petitioner constructed a wall in brick and mortar on the side touching the road, from where there was a possibility of the shop being broken open. There was exchange of notices at that time between the landlord and the tenant. There was also some litigation in which the landlord won. On 1-6-65 the respondent - landlord terminated the tenancy of the petitioner by a notice on the grounds that he is in arrears of rent from 1-11-64 to 1-5-65; that he had built another wall in brick and mortar on the southern side of the structure and had also built another wall in brick and mortar to partition the tin shed. The petitioner denied the allegations of the respondent and the suit followed on 15-7-65. The trial Court held in favour of the petitioner but th















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