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2002 Supreme(Bom) 1106

A.M.KHANWILKAR
Chandrasekhar Narayan Tambe – Appellant
Versus
Dhondusa Sitaram Pawar since deceased – 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 District Judge, Satara, dated July 27, 1990 in Regular Civil Appeal No. 84 of 1986. The subject matter of the present petition is a garage of one Khan out of property situate at C.T.S. No. 90, Gurwar Peth, Satara. It is not in dispute that the said property was originally owned by the respondent plaintiff. However, the said property was purchased by one K.S.D. Shanbag on 27-4-1966, pursuant to the Court auction. The name of said Shanbag came to be entered in city survey records in respect of the suit property as owner. This fact is not in dispute. However, the respondent claims that the property was purchased in the name of Shanbag by him. It is on this premise the respondent asserts that he continued to be in possession and ownership of the suit property and that inducted the petitioner as his tenant in the demised premises on monthly rent basis on 3-9-1968. Even the petitioner does not dispute that he was inducted by the respondent in the suit premises as tenant. It is also not in dispute that the petitioner paid rent directl









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