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1979 Supreme(Bom) 204

V.A.MOHTA
Vasant Balwant Mohite And Others – Appellant
Versus
Shakun B. Dhote And Others – Respondent


JUDGMENT - Mohtan V., J. : - These seven petitions at the behest of the tenants involve points of some importance having bearing on clause 13(3), (vii) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949(hereinafter referred to as “the order”), though the petitions are not grounded only on that.

2. The landlady is common and the two chawls in which the petitioners are residing, is the property involved. It appears that these chawls have been constructed on one plot in farm land, New Ramdaspeth, Nagpur, which was allotted in favour of one Baliram Kashinathji Dhote(husband of the respondent) some time in the year 1945, by Nagpur Improvement Trust. Shri Baliram applied for permission for construct these chawls in form A referred to in Regulation No. 2 of Nagpur Improvement Trust Building Regulations. On the basis of the permission granted, it appears that these two chawls were simultaneously constructed. There was some controversy between the parties as to the actual date of commencement of the construction, but undisputed position is that presently these constructions are of more than 25 years. These appear to be the temporary constructions whose life according to tho









































































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