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1995 Supreme(Bom) 422

S.W.PURANIK
Laxman Sadashiv Pandre – Appellant
Versus
Janabai Rajaramji Ambagade – Respondent


JUDGMENT - PURANIK S.W., J.: - This is the original defendant's revision application challenging the concurrent judgments and decrees passed by the trial Court and the lower Appellate Court, decreeing the suit of the respondent-plaintiff for ejectment, arrears of rent and damages.

2. The respondent-plaintiff filed a Civil Suit No. 94 of 1978 which was decreed in her favour on 7-10-1980 by the Civil Judge, Junior Division, Ramtek. The lower Appellate Court of the Extra Assistant Judge, Nagpur in Civil Appeal No. 234 of 1980 confirmed the said decree by its judgment dated 14-10-1981.

3. The suit house belongs to Janabai wife of Rajaramji Ambagade, the plaintiff-respondent. The applicant-defendant was her tenant. The plaintiff-Janabai is illiterate. Her husband Rajaram was looking after the management of her property. He instructed the Counsel on behalf of Janabai to issue notice under section 106 of the Transfer of Property Act for determination of the monthly tenancy of the defendant. Notice for termination was issued by the Counsel on behalf of Janabai, the plaintiff. The defendant did not reply to the notice. Thereafter, Janabai filed the present suit in her own name and under her o













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