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1988 Supreme(Bom) 192

P.S.SHAH, N.W.SAMBRE
Pushpabai Anandji Gala & another – Appellant
Versus
Sukumar Jinnappa Bhare – Respondent


JUDGMENT - P.S. SHAH, J.:---In our opinion, this Letters Patent Appeal must be rejected as not maintainable. The appellants filed a civil suit against the respondent in the Court of the Civil Judge, Junior Division, Sangli, for possession of the suit premises under section 13(1)(hh) of the Bombay Rent Act. The suit was dismissed by the trial Court. The appeal preferred by the appellants in the District Court was allowed and the appellants suit for possession was decreed. Aggrieved by the aforesaid decision in appeal, the respondent filed a writ petition in this Court purportedly under Article 226 of the Constitution. The learned Single Judge by his judgment and order dated 24/25th February, 1987, allowed the writ petition, set aside the decree for possession passed by the District Court and restored the order of dismissal of the suit passed by the trial Court. The appellants have filed this appeal under Clause 15 of the Letters Patent Act challenging the decision of the learned Single Judge.

2. In our opinion, though the writ petition was stated to be filed under Article 226 of the Constitution, in substance the reliefs claimed were under Article 227 of the Constitution an













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