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1997 Supreme(Bom) 572

M.B.GHODESWAR, B.H.MARLAPALLE
Mohammad Abdul Haq – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - MARLAPALLE B.H., J.:---The petitioner Shri Mohammad Azizul Haq s/o Mohammad Abdul Haq is the owner of the land and Respondent No. 2 Shri Dilip Murlidhar Lohia is a tenant. The petitioner had initially inducted the father of Respondent No. 2 as a tenant for the residential house by agreement dated 9-8-1967 and subsequently by agreement dated 4-1-1974. On 5-5-1977, a fresh lease deed was executed between the petitioner and present Respondent No. 2 in respect of the same house and the lease was renewed by another agreement dated 10-5-1983 by signing a Registered Lease Deed. There was an open site adjacent to this residential house, admeasuring 125 Ft. East West x 85 ft. North South excluding the residential premises and the present petitioner entered into an agreement of tenancy with Respondent No. 2 on 2-5-1983 and in the said lease deed it was specifically made clear that the lease period will commence from 2-5-1983 and expire on 1-4-1986, i.e., the lease period was only for 35 months on a monthly rent of Rs. 225/- and Rs. 75/- per month separately towards the taxes. On 8-3-1986, the petitioner served a notice on the respondent informing him that the tenancy of the open p


































































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