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2001 Supreme(Bom) 638

A.M.KHANWILKAR
Gafur – Appellant
Versus
Hirabai w/o Dnyanshswar Kolte (Sou. ) – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Article 227 of the Constitution of India takes exception to the Order passed by the IInd Additional District Judge, Pune dated February 18, 1989 in Regular Civil Appeal No. 966 of 1986.

2.The petitioner is the tenant in respect of premises being two Khans room in CTS No. 354, House No. 312 situated at Wanori, Tal. Haveli, District Pune as monthly tenant on payment of Rs. 16/- plus education cess Rs. 0.64 paise and other taxes of Rs. 2.18 total Rs. 18.82 paise. According to the respondent-landlady, the petitioner was in arrears; for which reason she issued notice dated September 19, 1983, which is stated to have been duly served upon the petitioner on September 19, 1983. Later on in 1984 the respondent instituted a suit for possession on the ground of default. In the said suit the respondent also prayed for possession on the ground of bona fide and reasonable requirement. At this stage, it is relevant to point out that the respondent-landlady had filed a suit for possession against the petitioner-tenant in the year 1977 being Regular Civil Suit No. 614 of 1977 which was eventually dismissed on June 23, 1981. In other words,









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