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1998 Supreme(Bom) 664

A.P.SHAH
Vasant Bandoo Kulkarni – Appellant
Versus
Yasin Ahmed Mujawar since deed by his heirs – Respondent


JUDGMENT - A.P. SHAH, J.:-The petitioner-plaintiff is the owner of an open plot of land admeasuring 30 feet x 18 feet situate at Somwar Peth, Kaiad, District Satara, which will be hereinafter referred to as the said plot. The respondent-defendant is admittedly a tenant of the petitioner in respect of the said plot and has been carrying on business dt coal and firewood in a temporary shed constructed thereon by the respondent The petitioner asked for the return of the suit plot by notice dated 6th February, 1974 as he bona tide and reasonably required it for erection of a building thereon. He also claimed possession on the ground of default in payment of rent Since the respondent failed to comply with the notice, the petitioner filed Regular Civil Suit No. 67 of 1974 in the Court of Civil Judge, Junior Division, Karad for possession of the suit plot on both the above grounds. The respondent resisted the suit and contended that he was not a defaulter. He further contended that the petitioner had sufficient residential accommodation for his family and moreover he had sufficient open space in C.T.S. No. 432/1. Not only that but the petitioner owns three gunthas of open land at Karad. H














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