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2000 Supreme(Bom) 457

F.I.REBELLO, V.C.DAGA
Govind Mahadev Bandekar – Appellant
Versus
P. Cusum @ Jankibai and others – Respondent


JUDGMENT- F.I. REBELLO, J.:---Appellant is original respondent. Respondents 1 and 2 are original applicants. Respondents 1 and 2 filed an application for eviction of the appellant herein on the ground that the appellant was in arrears of rent. By judgment dated 31st October 1985, the Rent Controller held that the appellant was entitled to the benefit under sub-section (3) of section 22 of the Rent Control Act and, therefore, no order of eviction could be passed on the ground sought in the application dated 19th March 1985. Respondents 1 and 2 aggrieved by the order preferred a review before the Rent Controller. The said review was dismissed by order of 15th July 1987. The Rent Controller gave a finding that he could not invoke Order 47, Rule 1 of the Code of Civil Procedure and assume to himself the power of review. In these circumstances, he held that the application for review fails. Apart from that he also appreciated the matter on merits and dismissed the review application.

2.Aggrieved, the respondents 1 and 2 preferred an appeal to the Administrative Tribunal which was numbered as Eviction Appeal No. 53 of 1987. Before the Tribunal it was contended that after service of the no














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