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2007 Supreme(Bom) 1423

R.M.SAVANT
PADMAKAR DATTATRAYA MANE deceased through his LRs. ARVIND DITATRA YAMANE – Appellant
Versus
VISHNU SADASHIV TAKATE – Respondent


Advocates:
Advocate Appeared
For petitioner: A. M. Gholap
For respondent: Swapnil S. Patil

P. C. :- By this Civil Revision Application the petitioner takes exception to the judgment and order dated 5-4-2007 passed by the Ad hoc District Judge (II), Jalgaon dismissing the appeal filed by the petitioner above named and thereby confirming the judgment and decree dated 24-7-2003 passed by the learned Civil Judge, Junior Division in Regular Civil Suit No. 373 of 1990 and Misc. Application No. 69 of 1988.

2. The petitioner is the heir of one Padmakar Dattatraya Mane. The petitioner and the said Padmakar are the sons of Dattatraya Mane who was the tenant of two rooms and a galary on the upper floor of Municipal house No. 416 (old)/67 (new) which is owned by the respondent to the above Civil Revision Application. The said original tenant Dattatraya died in the year 1978. It is the case of the petitioner that the said Padmakar and he were residing with Dattatraya i.e. their father at the time of his death. Padmakar had filed an application for fixation of standard rent under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the said Act" for the sake of brevity) bearing No. 69/88 in the Competent Court at Bhusaval. Whilst












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