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2001 Supreme(Bom) 625

A.M.KHANWILKAR
Ujwalabai @ Meena Shantaram Apte since married now Mrs. Swati Rahul Datay and others – Appellant
Versus
Namdeo Dnyanoba Shingare – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition, under Article 227 of Constitution of India, takes except the order passed by the Additional District Judge, Sangli dated 7th February, 1989 in Regular Civil Appeal No. 101 of 1983.

2. The petitioners are the landlords in respect of premises consisting of one room admeasuring 12" x 10" situated in City Survey No. 701, Gaon-Bhag, Sangli. The respondent was inducted as the tenant in the suit premises in or around 1970. According to the petitioners-landlords contractual rent was Rs. 35/- per month and the tenant was also liable to pay other charges towards permitted increases on month to month basis. The petitioner gave notice thereby calling upon the respondent-tenant to pay permitted increases at the rate of Rs. 3.13 ps. for the period between April 1976 to December 1976 and rent along with permitted increases at the rate of Rs. 47-85 ps. from January 1977 to March 1977. This notice was issued by the petitioner on 1-3-1977 which was admittedly received by the tenant on 3-3-1977. It is common ground that respondent No. 2 failed to offer the rent as demanded by the suit notice within stipulated time of one month nor filed any standa









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