2004 Supreme(Bom) 548
A.H.JOSHI
Haribhau Sadashiv Watane – Appellant
Versus
Raju Daulatrao Borkar & others – Respondent
JUDGMENT - JOSHI A.H., J.:-Revision petitioner-is the landlord-original plaintiff. The defendant was occupying the room used as a shop admeasuring 10 ft. x 8 ft. on monthly rent of Rs. 80/- pre month. The landlord served on the defendant a notice of ejectment Exhibit 22 alleging that the tenancy was monthly commencing on the first day according to English Calender and since respondents did not pay the rent and were in arrears of rent and that the tenancy was thereby terminated, the tenant was called upon to restore the land to the land owner the possession of the property. The notice also contained that onwards the date of termination of tenancy the respondents would be liable to pay the compensation every moth Rs. 10/- per day. The notice was dated 3rd March, 1992, and the tenants were called upon to deliver the possession by the end of March 1992 and in any case on 1st April, 1992. The tenants failed to deliver the possession inspite of the service of notice and the landlord thereupon filed the Regular Civil Suit No. 432 of 1992, (Old No. 237 of 1990) in the Court of Civil Judge, Junior Division, Chandur Bazar.
2. The plaint which was tendered on 1st April, 1992, consisted the pr
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