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1979 Supreme(Bom) 234

R.A.JAHAGIRDAR
Shantiswaroop Krishnalal Mahesh – Appellant
Versus
Laxmanrao Venkatrao Kapse & another – Respondent


JUDGMENT - R.A. JAHAGIRDAR, J.:---This petition seeks to challenge an order passed by the Court of Small Cause at Bombay in an ejectment application, being Application No. 357/E on 1973, as being without jurisdiction. The impugned order has been passed on 12th July, 1979, though the application had been filed in the year 1973. The gap between the date when the application was filed and the date of the order is only partly explained by the fact of the usual delay in the disposal of cases. There were other proceedings between the parties, whom I will now shortly proceed to describe, and this fact is also part of the cause of the delay in the passing of the final order.

2. The petitioner is occupying a flat, being Flat No. 10-A in Maitri Vijaya Co-operative Housing Society at Chembur, a suburb of Bombay. That flat is owned by the two respondents in this petition. On 15th June, 1971, there was what has been characterised as a leave and licence agreement between the petitioner and the respondents under which the petitioner was permitted to occupy the flat, hereinafter referred to as the suit premises. The rent agreed to be paid by the petitioner was Rs. 500/- per month. It has been ment





























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