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1978 Supreme(Bom) 79

B.C.GADGIL
HASHMATRAI HIRANAND SINDHI – Appellant
Versus
TARACHAND LAXMICHAND MOHOTA – Respondent


JUDGMENT – Appellants 1 and 2 (the legal representatives of the original defendant Hiranand Gurumukhdas) have filed this appeal against the decree for possession passed against them in Civil Suit No.2 of 1964 on the file of the Judge (Senior Division), Warsha and which was confirmed by the District Judge Wardha in Appeal No.60 of 1966.

2. At this stage there are certain undisputed facts. The suit property is a part of a plot situate at Wardha. Initially the entire plot was owned by one Murarka. In or about 1948 he let it out to Lalchand on the annual rent of Rs.101. It seems that Lalchand started his own business after erecting some structures thereon. Thereafter he sold that business along with the lease-hold rights to the original defendant Hiranand. As far as the lessors interests are concerned they were sold by public auction and a firm known as Mahabir prasad Shyamsundar (acting through Motilal) purchased the suit plot. The purchaser divided the plot in three parts. One of them was sold to Manikchand second to Krishna Charde and the third, i.e. the suit property to Mannalal Sachariya and Kishorilala Sanchariya. After these sale-deeds the rent amounts was apportioned and consequ





















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