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2004 Supreme(Bom) 1071

D.G.KARNIK
Solapur Taluka Khadi Gramodyog Utpadak Sahakari Society – Appellant
Versus
Dattatraya Shankarrao Kondewar & others – Respondent


JUDGMENT - KARNIK D.G., J.:-By this petition, the petitioner takes exception to the judgment and order dated 15th March, 1991 passed by the learned VIth Additional District Judge, Solapur dismissing the Appeal No. 434 of 1989 and confirming the decree for possession passed against the petitioner by the learned 8th Joint Civil Judge, Junior Division, Solapur in Regular Civil Suit No. 71 of 1985.

2. The respondent is a tenant occupying a shop premises admeasuring 12 x 15 in the property bearing City Survey No. 8737/15-A situated within the limits of Solapur Municipal Corporation. The property originally belonged to one Mr. Shah. By an indenture of sale dated 22nd August, 1983, the respondent purchased western half portion of the said property and the remaining eastern half portion was purchased by the brother of the respondent. On 10th January, 1985 the respondent filed a suit bearing Regular Civil Suit No. 71 of 1985 against the petitioner for possession of western half portion of the shop in possession of the petitioner (hereinafter referred to as the suit premises) on the ground that the petitioner was a defaulter in payment of the rent and that the respondent required the suit pre




















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