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2001 Supreme(Bom) 508

V.C.DAGA
C. C. Yi (Dr. ) – Appellant
Versus
Janakidevi Anantlal Gupta & others – Respondent


JUDGMENT - V.C. DAGA, J.:---Rule returnable forthwith.

Respondents waives service. By consent of parties heard finally.

2.This petition is directed against the judgment and decree dated 29-04-2000 delivered in Appeal No. 42 of 1998 by the Fifth Additional District Judge, Thane, whereby the judgment and decree for possession passed in Regular Civil Suit No. 638 of 1994 with order passed in Miscellaneous Civil Application No. 63 of 1995, dated 12th January, 1998 by the Civil Judge, Junior Division, Bhiwandi, was confirmed.

FACTS IN BRIEF

Facts in narrow compass are as under :---

3.The petitioner is a Dentist by profession. He is a monthly tenant occupying premises consisting of four rooms located on the first floor of the Municipal House No. 240, situated at Kap Kaneni, Bhiwandi. The respondents are the owners and landlords of the suit premises, which were let out to the petitioner under lease agreement dated 31st October, 1961.

4.The respondents herein instituted Regular Civil Suit No. 638 of 1994 against the petitioner (tenant) claiming to be entitled to recover possession of the suit premises on the various grounds, inter alia contending that the petitioner-tenant has (i) without the L





















































































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