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2006 Supreme(Bom) 1294

A.H.JOSHI
MADHUKAR s/o GOPALRAO NAPHADE – Appellant
Versus
GWALDAS s/o NATHMALI LADDHA – Respondent


ORAL ORDER :- Heard.

2. The facts, in brief, are that the landlord initially issued a notice seeking termination of tenancy. In this notice, he pleaded that the tenancy commenced from 8th day of every month.

The tenant replied the notice, and disputed the proposition, contending that the tenancy commenced from first day.

It seems that the landlord realized the facts or folly in the notice, and issued a fresh notice wherein he claimed that the tenancy commenced from first day. In view of termination of tenancy, landlord filed a suit for possession.

In the suit, landlord averred that in the first notice it was pleaded that the tenancy commenced from 8th day, however, he pleaded that in view of the tenant's reply, the tenancy commenced from first day.

3. It is seen that the suit proceeded and trial Court found that the defendant tenant was making deliberate attempts of delaying the suit. He, therefore, adjourned the case on payment of cost. Tenant had even taken out the proceedings for transfer of the case. It is also an admitted ground that proceedings of contempt of Court were taken on account of the conduct of the defendant and the language used by him in the proceedings. Upon apol

























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