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1991 Supreme(Bom) 533

D.R.DHANUKA
Ladlesaheb shah Ahmed Sayyed – Appellant
Versus
Arifulasha Kadari Dargah Trust – Respondent


JUDGMENT - D.R. DHANUKA. J.:---By this petition under Article 227 of the Constitution of India, the petitioner has impugned the judgment and decree passed by the IVth Joint Civil Judge, Junior Division, Solapur, in Regular Civil Suit No. 1282 of 1973 on 28th June, 1979 and judgment and decree passed by the Extra Assistant Judge of Solapur on 7th April, 1981 in Civil Appeal No. 368 of 1979.

2. The crucial facts required to be stated for disposal of this petition are as under :-

(a) The petitioner was the tenant of the suit premises since the year 1959. The contractual rent of the suit premises was Rs. 11/- per month. Arifulasha Kadari Dargah Trust is the landlord of the property bearing Municipal house No. 352 at Begum Peth, Solapur. The petitioner carries on tailoring business in the shop premises in question.

(b) The petitioner did not pay rent for the period commencing from 1st January, 1970. On 5th November, 1973, the landlord Trust issued a notice to the petitioner under section 12(2) of the Bombay Rent, Hotel and lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act) demanding arrears of rent for the period commencing from 1st January, 1970. The s













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