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2009 Supreme(Bom) 940

A.S.OKA
Dhuliabai Mana Praga – Appellant
Versus
Manikbai Vithalrao Bhusarath (deceased) – Respondent


Advocates appeared:
Mr. SHRIRAM S. KULKARNI, for the Petitioners.

JUDGMENT:-

By this writ petition under Article 227 of the Constitution of India the petitioners who are the defendants have challenged the decree of eviction passed against them in a suit filed by the respondents. The suit was filed by the respondents for eviction on various grounds under the Bombay Rents. Hotel and Lodging House Rates (Control) Act. 1947 (hereinafter referred to as the said Act of 1947). The suit filed by the respondents was dismissed and by the impugned order of the Appellate Bench of the Court of Small Causes. a decree for possession has been passed against the petitioners. The said decree has been passed on various grounds including the ground of arrears of rent. When a query was made to the learned counsel appearing for the petitioners as to whether a statutory remedy of filing revision application under section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code) is available to the petitioners, he submitted that the issue of maintainability of writ petition under Article 227 of the Constitution of India on the ground of availability of statutory remedy under section 115 of the said Code is pending for consideration of the Divisi














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