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1988 Supreme(Bom) 292

SHARAD MANOHAR
Prithdayal Chetandas & others – Appellant
Versus
Jamnadas Ghanshamdas Tuliani & another – Respondent


Judgment

SHARAD MANOHAR, J.:---These two petitions arise out of the decree for eviction passed by the Court of Small Causes in the suit for eviction filed by the landlord in these petitions (who is the common respondent in both these petitions). Writ Petition No. 3417 of 1987 is filed by Original defendants Nos. 1, 2 and 5, who are admittedly the heirs of the original tenant in respect of the suit premises in addition to original defendant No. 4. Though decree for eviction has been passed also against Original Defendant No. 4, viz. Jairamdas Chetandas, he does not figure either as petitioner or respondent in this writ petition. This fact has a bearing upon the very maintainability of this writ petition. Writ Petition No. 3313 of 1987 is filed by original defendant No. 6 who claimed and claims to be a sub tenant in respect of the suit premises as from 1-4-1967. His claim to valid sub-tenancy may perhaps have some kind of legitimacy after the advent of Maharashtra Act No. 18 of 1987, which came into force as on 1st October, 1987. But as to how he could claim a valid sub-tenancy at the time of the suit, with effect from 1-4-1967, is a closely guarded secret. I will have occasion to com


















































































































































































































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