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1985 Supreme(Bom) 203

V.V.VAZE
Vinayakappa Suryabhanappa Dahenkar – Appellant
Versus
Dulichand Hariram Murarka – Respondent


JUDGMENT - VAZE V.V., J.: - Dulichand Hariram Murarka purported to purchase a four storied House No. 19 in Municipal Ward No. 14 and Nazul sheet No. 26-C, Plot No. 71/1 Malipura, Akola from Rameshwarappa for a considered of Rs. 12,000/- by a registered sale-deed dated 4-3-1964. The ground floor of the building consisted of three rooms out of which two rooms in the rear continued to remain with Vinayakappa, the brother of the vendor Rameshwarappa. The vendee Dulichand claimed that Vinayakappa was inducted into the premises as a tenant, that the rent was Rs. 50/- plus Rs. 5/- by way of electric charges per month and the Vinayakappa continued to pay the rent upto 3rd January, 1967. Dulichand claims to have terminated the tenancy of Vinayakappa by notice dated 29th October, 1968 but as the latter did not comply, Dulichand filed Regular Civil Suit No. 8769 in the Court of Second Joint Civil Judge, Junior Division Akola, for eviction and possession. In the trial Court Vinayakappa resisted the suit denying the title of the plaintiff. According to him, he had borrowed Rs. 6,500/- from Dulichand and it was agreed that he would return the loan of Rs. 6,500/- and another promised one of Rs. 3






































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