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2005 Supreme(Bom) 647

RANJANA DESAI
Bhaskar Bhagwant Shinde – Appellant
Versus
Vasudha Madhukar Kadam – Respondent


Judgment

( 1 ) RULE. The respondents waive service. By consent of the parties, taken up for final hearing.

( 2 ) THE petitioner is the original defendant in Civil Suit No. 1758 of 1989 filed by the respondents (original plaintiffs) in the small Causes Court at Pune. The suit was filed for possession of the suit premises on the grounds of default in payment of rent, bonafide requirement, acquisition of alternate accommodation, non user and change of user of the suit premises.

( 3 ) THE case of the plaintiffs is that the property being House No. 347 situate at rasta Peth, was owned by the mother of plaintiff 1. Plaintiff 2 is her husband. The defendant is the monthly tenant of two rooms on the first floor of the said house. The agreed rent was Rs. 35/- per month inclusive of education cess and permitted increases. The tenancy month commenced from first of every english Calender month. According to the plaintiffs, the defendant was in arrears of rent from 01-10-1986. The plaintiffs gave a notice demanding arrears of rent on 18-03-1989. According to the plaintiffs, the said notice was replied by the defendant raising false contentions. The defendant remitted Rs. 48/- by money order. How




































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