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1989 Supreme(Bom) 18

M.S.RATNAPARKHI
Amrutlal Weljibhai Rathod – Appellant
Versus
Vishwasrao Deorao Patil – Respondent


JUDGMENT - M.S. RATNAPARKHI, J.:---A decree passed by the District Judge, Yavatmal on 29-3-1985 in Civil Appeal No 189/82, setting aside the decree of eviction passed by the 5th Joint Civil Judge, Junior Division, Yavatmal on 26-8-1982 in Regular Civil Suit No. 207/81 has been assailed in this revision. It was not disputed that the plaintiff Amrutlal was the landlord and the defendant Vishwasrao was his tenant occupying the tenement. The plaintiff obtained the permission to determine the tenancy of the tenant from the Rent Controller. In pursuance of this permission, a notice was issued. The suit for eviction came to be filed which was decreed by the trial Court, but that decree has been set aside by the Appellate Court in appeal. The dismissal was based only on one ground viz that the quit notice was never served on the defendant With a view to appreciate the real controversy centering round this point, it will be necessary to state that the plaintiff sent one notice on 9-9-1981 by Registered Post A.D. on the address of the defendant. According to the plaintiff, this notice was returned back to him with the endorsement "refused", on 12-9-1981. The plaintiff also sent another noti
























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