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2009 Supreme(Bom) 859

S.C.DHARMADHIKARI
Chimanlal Shah – Appellant
Versus
Farhana Abdul Jabar Sayyad – Respondent


Advocates appeared:
For the Petitioner:P.K. Dhakephalkar, Sr. Counsel i/b. M/s. Lakshmi Murali & Asso., Advocates. For the Respondent:V.A. Thorat, Sr. Counsel a/w. Mukul Taly, Rakesh Misar and Rahul Pujari i/b. S. Mahamedbhai & Co., Advocates.

Judgment :-

Rule. Respondent waives service. By consent, rule made returnable forthwith.


2. By this Writ Petition under Article 227 of the Constitution of India, the Petitioners pray that this Court should quash and set aside the orders dated 22nd September 2005, 7th April 2008 and 24th September 2008.


3. The Petitioner is the Original Respondent in Eviction Application No.12 of 2004 which was on the file of the Competent Authority, Konkan Division. That Application has been filed by the Respondent seeking eviction of the Petitioner from the premises on the grounds, which are more particularly enumerated in the Application.


4. The Respondent filed this Application invoking Section 24 of the Maharashtra Rent Control Act, 1999.


5. In terms of the relevant statutory provisions, the Petitioner – Respondent applied for necessary leave to defend. The Competent Authority granted leave to defend on 28th July 2004. Thereupon, the written statement was filed after which the proceedings went on before the Competent Authority. After permitting both sides to place such material as is permissible in law, the Competent Authority made an order on 22nd September 2005 allowing the Respondent’s A




































































































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