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2007 Supreme(Bom) 573

B.H.MARLAPALLE
Vivek Shetty – Appellant
Versus
Draupadi Dudhani – Respondent


Advocates appeared:
Ms.Lakshmi Murali for the Petitioner.
Mr. Charanjeet Chandrapal for the Respondents.

JUDGMENT

Heard Learned Counsel Appearing For Both The Parties.

2. The respondents landlords had instituted the eviction proceedings by filing an application under Section 42 of the Maharashtra Rent Control Act, 1999, ("the Act" for short) and the said application came to be registered as Case No. 51 of 2006.

3. The present petitioner, who is the tenant and against whom the decree of eviction has been passed in the said proceedings, filed an application under Section 43(4)(b) of the said Act praying for leave to defend the said application. The respondents owners opposed the said application and it came to be rejected by the Competent Authority (Rent Act), Konkan Division, Mumbai by his order dated 10th January, 2007 and on the same day the Competent Authority was pleased to allow the Eviction Application No. 51 of 2006 by a reasoned order. Aggrieved by both these orders, the petitioner filed a revision application under Section 44 of the Act before the Divisional Commissioner, Konkan Division, Mumbai and after hearing both the parties, the Additional Commissioner, Konkan Division was pleased to dismiss the revision vide his judgment and order dated 22nd March, 2007. Hence, this peti



































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