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1993 Supreme(Bom) 508

N.P.CHAPALGAONKER
Pratapsingh Mohansingh Pardeshi (deceased) through legal representatives – Appellant
Versus
Laxmikant Revachand Bhojwani ad another – Respondent


JUDGMENT - N.P. CHAPALGAONKER, J.:---Shantabai Mohansingh Pardeshi, landlady, filed a suit bearing number 461/1974 in the Court of Civil Judge (S.D.), Ahmednagar, against Laxmikant and Vasudeo, sons of Ravachand Bhojwani, for the eviction of defendants - tenants from premises described as Bungalow No. 13 situated in Cantonment, Ahmednagar. It was pleaded by the landlady that the original rent agreed between the parties was Rs. 70/- per month. But since the municipal taxes were increased, it was agreed that the rent should be enhanced to Rs. 80/- per month. Tenants were in arrears from 1st April 1971. Tenants paid a sum of Rs. 450/- but rest of the amount has not been paid and they have not handed over the possession back to the landlady. Landlady also requires the premises for her bona fide personal use. A notice was issued by her on 28th July, 1972 terminating the tenancy and requiring the tenants to pay the arrears of the rent and, therefore, the suit. This suit was instituted on 3rd September 1974. Suit was preceded by a notice under section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "Bombay Rent Act" for the pu














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