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2007 Supreme(Bom) 1711

J.H.BHATIA
Kisan Vanaji Satpute – Appellant
Versus
Baburao Jakhuji Wakankar – Respondent


Advocates:
Advocate Appeared
Mr.Madhav Jamdar, adv. for the Applicants.
Mr.G.S.Godbole with Mr.Nitin Muley, advs. for the Respondents.

ORAL JUDGMENT:

1. All these four revision applications may be disposed off by the common judgment as they arise out of the judgment passed by the Courts below in the suits filed by the same landlord for eviction against the tenants on the ground that he wants to demolish the whole building and to reconstruct the same.

2. Revision applicants are the original defendants/ tenants while the respondents are the legal heirs of the original landlord Baburao Jakhuji Wakankar. The said Baburao had two sons namely, Pandharinath and Vithal. The suit premises are situated at City Survey No.1181 and they admeasure about 601.2 sq.mtrs. Property is situated at Budhwar Peth, Pune. The landlord Baburao had executed power of attorney in favour of his two sons and the suits came to be filed by him through his sons for eviction against the eleven tenants under the provisions of Section 16 of the Maharashtra Rent Control Act, 1999. It is the contention of the landlord that each of the tenants was occupying a single room admeasuring 100 sq.ft. with potmala (attic) under the slanting roof. According to the landlord, potmala was used as a store room and had a approach by the ladder. Tenants have been resid
















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