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1989 Supreme(Bom) 260

C.S.DHARMADHIKARI, M.G.CHAUDHARI
Prabhulal Chhogalal Mandore – Appellant
Versus
Bastiram Himatram Bhutada & another – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---Deceased Bastiram Himatram Bhutade, father of respondent No. 1 plaintiff- landlord filed a Civil Suit No. 2292 of 1974 in the Court of III Additional Judge, Small Causes Court, Pune for eviction of the petitioner defendant- tenant from the suit premises. One of the grounds for eviction was that the tenant sub- let the suit premises to one Phutarmal Sitaram Mandora. The trial Court after considering the evidence on record came to the conclusion that the tenant did sub- let the suit premises to phutarmal and thereby contravened the provisions of section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for the sake of brevity hereinafter referred to as 'the Bombay rent Act') and on that basis the decree for eviction came to be passed. Feeling aggrieved by the said judgment and decree the tenant preferred an Appeal No. 202 of 1979 before the IV Extra Assistant Judge, Pune, who confirmed the finding that the tenant had unauthorisedly sub- let the suit premises. As a necessary consequence of this the appeal came to be dismissed. Being aggrieved by the said appellate judgment and decree, the tenant filed the present writ p






































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