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2002 Supreme(Bom) 995

A.M.KHANWILKAR
Natwarlal Gokuldas Shah since deceased by his L. Rs. & others – Appellant
Versus
Khanderao Balwant Lokhande since deceased by his L. Rs. & others – 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, Sangli dated 31st March 1987 in Civil Appeal No. 118 of 1982.

2. The premises in question consists of room admeasuring 40 x 10 sq. ft. in CTS No. 305, Pet Bhag, Sangli. The original petitioner Natwarlal Gokuldas Shah was inducted as a tenant in the suit premises some time in the year 1952. The respondent is the landlord. The respondent instituted a suit for possession against the tenant on the ground of default and bona fide requirement in the year 1970, being RCS No. 19 of 1970. However, we are concerned only with the ground of default. The tenant contested the said suit. It was his case that annual rent in respect of the suit premises was only Rs. 150/- per annum and not as demanded by the landlord. The trial Court accepted that claim of the tenant. The trial Court, however, found that the respondent landlord was entitled to rent for a period of 6 years from 1965 to 1970 at the rate of Rs. 150/- per annum, whereas the tenant was entitled to credit of Rs. 1243-59 paid by him towards the taxes with regard to th






















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