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1987 Supreme(Bom) 241

A.C.AGARWAL
Goregaon Malayalee Samaj – Appellant
Versus
Popatlal Prabhudas & Sons & others – Respondent


Judgment

ASHOK AGARWAL, J.:---This petitioner seeks to challenge the concurrent decrees passed by the trial Court and the Appellate Court awarding a decree for possession in favour of the respondent No. 1 under section 13(1)(i) of the Bombay Rent Act. The premises in disputes in the present proceedings is an open plot of land admeasuring about 250 sq.ft. forming part property at Byramjee Jeejeebhoy Road, Goregaon (west), Bombay 400 062. The said premises were initially let in favour of one V.O. Michael who was the original defendant No. 1 who in turn constructed a structure thereon and indicate the petitioner who are in Goregaon Malayalee Samaj which is a trust registered under the Bombay Trust Act. respondent No. 1 filed the present suit and 25 other suit claiming possession of different portions of land in occupation in different tenants. Possession was claimed inter alia ,under section 12(1) i.e. where the premises are land , such is reasonably and bona fide required by landlord for erection of new building.

2. The said suit was resisted by the original tenant V.O. Michael also the petitioner. They denied that the respondent No. 1 bona fide required the suit premises






















































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