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2009 Supreme(Bom) 68

A.M.KHANWILKAR
Shri Subhash Janardhan Kulkarni – Appellant
Versus
Rajashree w/o Avinash Pardeshi – Respondent


Advocates appeared:
For the Appellant :V.B. Naik, Advocate. For the Respondent: S.G. Deshmukh,
Advocate.

Judgment :

1. Both these cross Petitions by the landlord and the tenant are disposed of by this common Judgment.

2. Thesuit property consists of four rooms on the ground floor of building situated at Shivaji Nagar, Sangli. It is stated that originally Satyabhama Vithal Joshi was the owner of the building in which the suit property is situated. The said Satyabhamabai by registered Gift deed bequeathed the entire property being C.S.No.151 and the building standing thereon in favour of Sadashiv Joshi, Jaydev Joshi and Smt. Sarala Yeshwant Joshi. Nonetheless Satyabhamabai alongwith Sadashiv, Jaydev and Sarala sent legal notice on 21st November, 1977 to the Respondent Rajashree Pardeshi, who is the tenant in the suit property. The said communication clearly informs the tenant that the ownership stands transferred in the names of Sadashiv, Jaydev and Sarala in view of the registered Gift deed executed by Satyabhamabai and that the tenant was obliged to pay rent in respect of suit property to them. It is also noted in this communication that the Respondent tenant was monthly tenant in relation to the suit property on monthly rent of Rs.165/- plus Rs.50/-and was in default for several years









































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