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2002 Supreme(Bom) 901

A.M.KHANWILKAR
Ashok Babanrao Viskhande & another – Appellant
Versus
Murlidhar Ramratan Bhandari & another – Respondent


JUDGMENT - KHANWILKAR A.M., J.:---This writ petition, under Article 227 of the Constitution of India, takes exception to the judgment and decree passed by the 8th Additional District Judge, Pune dated 29th April, 1993 in Civil Appeal No. 49 of 1991.

2. The petitioners are the landlords in respect of shop premises in house bearing C.T.S. No. 849 situated at Shukurwar Peth, Pune. The petitioners instituted a suit for possession of the suit premises against the respondents-tenants on the ground of reasonable and bona fide requirement, default and unlawful subletting. Besides these three grounds specifically pleaded in the plaint, the petitioners also sought possession of the suit premises on the ground of change of user. The trial Court decreed the suit only on the ground of unlawful subletting. However, the Appellate Court has reversed that decree by the impugned judgment and decree, holding that even the ground of unlawful subletting was not established. Even the other grounds have been answered against the petitioners.

2-A. In this writ petition, the petitioners have assailed the correctness of the findings reached by the courts below on each of the abovesaid grounds which were press













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