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2009 Supreme(Bom) 215

A.M.KHANWILKAR
Sidharam Ganpati Mulage – Appellant
Versus
Bashir Elahibaksh Tamboli – Respondent


Advocates appeared:
For the Appellant :G.S. Godbole, Advocate. For the Respondents:P.M. Mengane, Advocate.

Judgment :

1. This Writ Petition under Article 227 of the Constitution of India takes exception to the Judgment and Decree passed by the District Court of Solapur dated 28th August, 1992 in Civil Appeal No.224 of 1986 allowing the Appeal preferred by the Respondents/landlords and decreeing the suit for possession with direction to the Petitioners to deliver possession of the suit premises to the Respondents on or before 31st October, 1992.

2. Briefly stated, the Respondents filed Suit being Regular Civil Suit No.412 of 1980 in the Court of Solapur against the predecessor of the Petitioners Shri Ganpati Andappa Mulage, the original tenant-defendant for recovery of rent and possession of the suit property being one shop premises admeasuring 5’ x 9’ situated in Saraf Bazar in Solapur city on the ground of bonafide and reasonable requirement of the Plaintiffs for their personal use and occupation. The said suit however, was dismissed by the Trial Court on the finding that the Plaintiffs failed to establish that the suit premises were required by them for their own use and occupation and that greater hardship would be caused to the Petitioners/tenants, in the event of decree of convictio





















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