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2008 Supreme(Bom) 471

J.H.BHATIA
Sadashiv Shyama Sawant – Appellant
Versus
Anita Anant Sawant – Respondent


JUDGMENT

1. This Revision Application is filed by the original defendant Nos. 1 to 3 and 5 or legal representatives of some of them.

2. To state in brief, the plaintiff-respondent filed Regular Civil Suit No.11 of 1989 under Section 6 of the Specific Relief Act,1963 for possession of the suit property on the ground that the contesting defendants had forcibly taken possession of the suit property by throwing away the articles of her tenant P.V.Varik from the suit property on 1.10.1981. According to the plaintiff, she had purchased the house 6 No.97 from defendant No.4 Nanibai Sawant on 1.10.1981 for consideration of Rs.5,000/- under the registered sale and she was put in possession of the suit house by defendant no.4. At that time, one Pandurang Vichare was occupying a part of the suit premises as a tenant. After the house was vacated by Pandurang, the plaintiff had inducted another tenant P.V.Varik in a part of the said house. According to her, the House No.97 as described in the plaint had an open Padvi, wfacing the open Padvi, there was a room and a hall. This portion of the property was in possession of the tenant Varik and this is the suit property. The remaining portion being a




















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