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1993 Supreme(Bom) 124

N.NAIK BHIMRAO
Nagar Wachan Mandir, Pandharpur, through its Chairman, President and another – Appellant
Versus
Akbaralli Abdulhusen and Sons and others – Respondent


JUDGMENT - BHIMRAO N. NAIK, J.:--Writ petition No. 2434 of 1982 is the petition filed by the plaintiffs-trust challenging the dismissal of the suit filed against respondents on the ground of non-payment of rent.

2. Few facts which are relevant for the purpose of this petition are as under:-

The petitioners-plaintiffs filed Regular Civil Suit No. 276 of 1975 in the Court of Civil Judge, Junior Division, Pandharpur for possession on the ground of non-payment of rent under the provisions of Bombay Rent Act. The plaintiff-Society is registered as per the provisions of Societies Registration Act so also it is registered under the provisions of Bombay Public Trust Act. Suit property in dispute is owned by the plaintiff-Society. It appears that the plaintiff-Trust held meeting of its Karyakari Mandal on 28th May, 1961 and passed Resolution to lease out the suit property to defendant-Firm for 60 years since 10th October, 1961. In pursuance of the said lease deed possession was handed over to the defendants. The registered lease deed was executed by the defendants in favour of the plaintiffs. The lease deed appears to have been signed by plaintiff Nos. 1 and 2 on behalf of the plaintiff-Soci




















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