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1993 Supreme(Bom) 10

A.V.SAVANT
Govind Ramchandra Deo – Appellant
Versus
Ramabai Vasudeo Pandit and others – Respondent


JUDGMENT - A.V. SAVANT, J.:---This is a petition by the original-tenant seeking to challenge the order dated 20th July, 1980 passed by the Appellate Court allowing the appeal of the landlords and directing the tenants eviction on two grounds viz. (i) that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of 6 months immediately preceding the date of the suit-as mentioned in Clause (k) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter, referred to as the said Rent Act) and (ii) that the tenant after coming into operation of the said Rent Act has built, acquired vacant possession of or been allotted a suitable residence, as mentioned in Clause (1) of sub-section (1) of section 13 of the said Rent Act. The trial Court had dismissed the landlords suit, but on appeal a decree for eviction has been passed, which has been challenged in this petition. A few facts may be stated as under:-

2. The petitioner was employed with the State Government as an Engineer in the Irrigation Department. In 1958 the petitioner was posted at Koyna where he continued till 19










































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