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2000 Supreme(Bom) 447

A.M.KHANWILKAR
Ramchandra Mahadev – Appellant
Versus
Padmakar Balkrishna Samant & others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Article 227 of the Constitution of India has been filed by the original plaintiff who claims to be the sub tenant in respect of the suit structure, challenging the judgment and order dated 2-6-1987 passed by the Appellate Bench of the Small Causes Court at Mumbai in Appeal No. 439 of 1977.

2. The premises in question is situated in property known as Samantwadi, Goregaon, Mumbai 63. The respondents are the owners in respect of the said land. Some time in the year 1955 the respondents had let out open piece of land to one Prabhunath Pandey. It is stated that the said Prabhunath Pandey constructed a structure on the said land which was subsequently let out to the petitioner herein. The respondents filed the suit against the said Prabhunath Pandey for possession of the land in question. It appears that the said suit, which was filed in the year 1962, against Prabhunath Pandey, came to be decreed and the said decree was put in execution on August 10, 1966. The petitioner herein caused obstructions for which the respondents took out Obst. notice for removing obstruction caused by the petitioner. In the said Obst. proceedings the R













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