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1990 Supreme(Bom) 328

M.M.QAZI
Bhaurao Govindrao Mulak – Appellant
Versus
Savitribai Pralhadprasad Jaiswal & others – Respondent


JUDGMENT - QAZI M.M., J.:---The non-applicants/landlords were the plaintiffs in the earlier proceedings Special Civil Suit No. 346 of 1983. They had filed the said suit against the present applicant/tenant for ejectment and possession without permission from the Rent Controller since no permission was then necessary. That suit was decreed ex parte vide order dated 23-12-1983. The present non-applicant are the owners of the three storied building "Praying Sadan" situated in Ward No. 1, Variety Square, Bearing House No. 1, Nagpur. In the present proceedings, we are concerned only with the first floor of the said building. In pursuance of the decree in Special Civil Suit No. 346 of 1983, the non-applicants/landlords got possession of the first floor. The applicant/tenant challenged the ex parte decree by way of first appeal before this Court. The appeal was dismissed by this Court on 14-2-1985. Thereafter, the tenant filed Special Leave Petition before the Supreme Court of India, but that was also dismissed on 26-5-1986. Thus, the decree for ejectment and possession obtained by the present non-applicants/landlords in Special Civil Suit No. 346 of 1983 against the present applicant/ten




































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