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2007 Supreme(Bom) 7

H.L.GOKHALE
BIBI BEGUM MARD SHAFIQ AHMED KHATIMITI – Appellant
Versus
MOHMED KHALID GULAM DASTGIR JALAL – Respondent


ORAL JUDGMENT :- Heard the learned Counsel for the parties.

2. This Writ Petition under Article 227 of the Constitution of India seeks to challenge the order dated 10th March, 2003 passed by the Civil Judge, Junior Division, Kalyan, below the Application (Exhibit 65) filed by the petitioners (original applicants) herein to implead them as defendants in Regular Civil Suit No. 283 of 1986. That Application has been rejected.

3. The Suit has been filed by respondent Nos. 1 to 8 to evict respondent No.9 from the suit premises. Respondent No.9 is stated to be a tenant of the suit premises and respondent No. 10 is stated to be a sub-tenant. The Suit is filed under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short "the Bombay Rent Act"). The Suit is filed on the ground of arrears of rent, non-user of the property and carrying out permanent construction in the suit premises without the permission of the landlord.

4. The petitioners (original applicants) contend that the property was owned initially by one Siddique. His son was one Baba. The name of Baba's son was Mohmd. Saeed. The name of wife of Mohmd. Saeed was Bisa Bibi. This Mohmd. Saeed had two children fr
























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