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2004 Supreme(Bom) 473

P.V.KAKADE
Jainabi Yusuf Lambe & others – Appellant
Versus
Jainabi Allimiya Wagale & others – Respondent


JUDGMENT - KAKADE P.V., J.: - Both these appeals can conveniently disposed of by this common judgment as they arise out of the same dispute and have been disposed by the lower Court by common judgment.

2. The subject-matter of both these appeals is the impugned order dated 25-4-2000 passed by the learned Addl. District Judge, Ratnagiri, dismissing both appeals with costs.

The only substantial question of law involved in these appeals, as framed by my learned Predecessor, is regarding interpretation of document Exh. 73 which is the agreement between the parties to determine whether the said document is the document creating tenancy or a mere licence.

3. The facts involved in these appeals, in brief, are thus-

Respondent No. 1 Jainabi Allimiya Wagale (hereinafter referred to as "the original plaintiff") owned and possessed Municipal House No. 1082 at Ratnagiri. The said house is called as "Wagale Court". The plaintiff was running a hotel business and business of lodging house in three room on the ground floor and three rooms on the first floor. Originally, Municipal House No. 1082 " Wagale Court" belongs to plaintiff Jainabi Wagales brother. She purchased it from brother and since then













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