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2002 Supreme(Bom) 809

R.M.S.KHANDEPARKAR
Saifuddin Saheblal Vazir – Appellant
Versus
Habjabai Mishra Patel & another – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the parties. Perused the records. Rule, by consent, rule made returnable forthwith.

2. The suit being Regular Civil Suit No. 440/1982 came to be filed by the respondents for eviction of the petitioner from a plot of land admeasuring 27 x 54 sq.ft. out of property bearing C.T.S. No. 1333/27, "E" Ward, Tarna Nagar Co-operative Society, Sagarmal, Kolhapur and was decreed by the trial Court and the appeal against the same was dismissed by the lower Appellate Court. The matter was carried in Writ Petition No. 1363/1995. The learned Single Judge of this Court after taking stock of the facts of the case, disputed as well as undisputed, pinpointed the dispute being related to the document dated 31st March, 1976 which according to the respondents speaks of creation of lease for more than one year, and therefore, in the absence of registration thereof, is not admissible in evidence and cannot be read in evidence for any purpose whereas, according to the petitioner, the said document does not create lease but it is merely a receipt given by the respondents to the petitioner acknowledging the receipt of rent of the suit premi



































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