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1984 Supreme(Bom) 12

D.B.DESHPANDE
Sashikant James Patole – Appellant
Versus
Mohd. Naeemuddin Sidiqui & another – Respondent


JUDGMENT - D.B. DESHPANDE, J.:---The two courts below have passed an eviction order against the petitioner-tenant and therefore, the tenant has challenged the orders of courts below by filing this petition under Article 227 of the Constitution of India.

2. It is not disputed that respondent No.1 is the landlord and the petitioner is tenant. The monthly agreed rent is Rs. 75/- Respondent No. 1 originally started eviction proceeding against the petitioner on four grounds namely ;(1) default in payment of rent, (2) Bona fide requirement of the landlord, (3) Sub-letting by the tenant and (4) nuisance by the tenant. Petitioner resisted the petition and denied all the allegations made by the landlord. The trial Court held against the landlord on the points of bona fide requirement and sub-letting. But the trial Court held in favour of the landlord on the points that the petitioner-tenant was a wilful defaulter and that the petitioner-tenant was a nuisance and so he passed an eviction order against the tenant. After the tenant went in 'appeal the learned District Judge negatived the landlord's contention that the tenant was a nuisance but he upheld the finding of the trial Court that the








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