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1989 Supreme(Bom) 317

H.SURESH
Ramchandra Dattatraya Gandhi – Appellant
Versus
Pushpabai Manohar Sheth – Respondent


JUDGMENT - H. SURESH, J.:---This is a tenant's petition against an order of eviction passed by the Appeal Court under section 13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Rent Act).

2. The brief facts are as follows: The respondent filed a suit in the Court of the Civil Judge, Junior Division, Mahad, being Regular Civil Suit No. 26 of 1977 for eviction of the petitioner, the tenant, on the ground that she wanted the premises for herself for her use and occupation under section 13(1)(g) of the Rent Act. The defendant filed his written-statement. In his written-statement, he contended that he has been in occupation of the said premises from about 1961 and that at the time of the occupation of the premises he had to carry out various repairs and certain alterations and he had to spend about a sum of Rs. 9,000/- for that purpose. He contended that as to how the suit house was in a dilapidated condition and that he had carried out these repairs and alterations for the purpose of making it habitable and tenable and he carried out all these repairs and alterations with the knowledge of the then landlord. He denied that the re


















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