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2005 Supreme(Bom) 680

B.P.DHARMADHIKARI
Dilip Bidesh – Appellant
Versus
Shivgopal Madangopal Chaurasia – Respondent


Judgment

B. P. DHARMADHIKARI, J.

( 1 ) IN this Civil Revision Application under section 115 of Civil Procedure Code, challenge is to the judgment dated 20-3-2003 delivered by Second Additional District Judge, Nagpur in R. C. A. 574/2001 in an appeal under section 26-A of Provincial Small Causes Court Act (referred to as Provincial Act hereafter) whereby said Court has confirmed the judgment and decree dated 30-10-2001 delivered by Additional Judge, Small Causes court Nagpur in Civil Suit No. 1435/1986. The revision applicant is the original tenant and defendant in Civil Suit and appellant in appeal. The present respondent obtained permission from Rent Controller under provisions of c. P. and Berar House Rent Control Order, 1949 and also from Competent authority under the provisions of Slum Act and, then terminated tenancy of present revision applicant by issuing notice under section 106 of Transfer of property Act. When the revision applicant failed to comply with that notice, he filed above referred Civil Suit for his ejectment, for recovery of arrears of rent, notice charges, inquiry into future mesne profits etc. The Small Causes court granted decree of eviction in his favour and

















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