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1989 Supreme(Bom) 366

T.D.SUGLA
Shriram Govind Matapurkar – Appellant
Versus
V. S. Jain – Respondent


JUDGMENT - T.D. SUGLA, J.:---By judgment and order dated April, 21, 1989 rule on this application was made absolute and six months' time to vacate the suit premises was granted on the application of Shri Mandlik, the learned Counsel for the respondent-opponent subject to the opponent giving an undertaking in writing to the competent authority.

2. The opponent filed appeal before the Supreme Court being Civil Appeal No. 2858 of 1989 arising out of S.L.P. (Civil) No. 7564 of 1989. Observing that the matter was covered by it earlier decision, the appeal was allowed by a short judgment dated June 19, 1989 reading as :

"Heard Counsel, Special leave is granted. The matter in my opinion, is covered by the decision of this Court in (Shivram Anand Shiroor v. Radhabai Shantaram Kowshik another)1, 1984(1) Bom.C.R. 415 . It is, therefore, not necessary to keep the matter pending any longer. I allow the appeal. In reversal of the order of the High Court dated 3-5-1989 (sic) the matter stands remitted to the High Court for disposal in accordance with law and on the merits, in particular on the question of bona fide requirement of the landlord. The appeal is disposed of accordingly."

3. The first




















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