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2005 Supreme(Bom) 1048

ANOOP V.MOHTA
Arun Anant Tavkar – Appellant
Versus
Suhas Yeshwant Narkar – Respondent


( 1 ) THE petitioner-tenant has invoked Article 227 of the Constitution of India and thereby, sought to challenge a judgment and order passed in Appeal No. 94 of 1992 by small Cause Court, Bandra Branch, dated 12th october, 1993, whereby, the appellate Court has allowed the appeal of the respondent-landlord and the judgment and order dated 6th april, 1992, passed by the Small Cause Court (Trial Court) was set aside and granted the decree in favour of the respondent on the ground of default, as contemplated under section 12 of the Bombay Rents, Hotel and lodging House Rates (Control) Act, 1947 (for short Bombay Rent Act ). Therefore, the present petition.

( 2 ) THE petitioner is a tenant of Flat no. 3, first floor, "suyesh", Phirozshaw Mehta road, Vile Parle (East), Bombay. There was some dispute going on between the parties in reference to the parking of the car in the compound of the building. By the notice dated 14-06-1985, the respondent landlord demanded the increase in rent, and the same was received by the respondent on 5th July, 1985. The petitioner alleged to have sent rent through the money order on 19-06-1985, for the period of January and February, 1985. The said money o











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