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2006 Supreme(Bom) 1974

S.RADHAKRISHNAN
Taherbhai Taiyebhai Poonawala – Appellant
Versus
G. Hamid Hasan Patel – Respondent


JUDGMENT:· The present Petition has been filed by the Petitioners - Landlords on being aggrieved by the Judgment and Order in an Appeal by the Learned IV Additional District Judge, Pune dated 7th April, 1990 whereby the Appeal was allowed and the Judgment and Decree of the Trial Court was set aside.

2. The facts and circumstances of the case are stated as follows : The Respondent No.1 was inducted as a tenant in Block No.6, on the ground floor in the building known as Pastakia Mansion, 906, Booty Street, Pune by the then Landlady, Mrs.B.J.Pastakia on terms and conditions of the tenancy agreement dated 1st February, 1969. In the said agreement it was stated that a rent of Rs.60/- per month was payable by the tenant exclusive of electricity charges and education cess and other recoverable taxes from the tenant. The Respondent No.1 was also to pay a sum of Rs.5/- separately by way of monthly water charges in addition to the above. On 27th December,1979, the present Petitioners had purchased the suit building from the then owner Mrs.B.J.Pastakia under a registered sale deed. It is the contention of the Petitioners that subsequently Respondent No.1 fell in arrears of payment of rent fro
















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