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2009 Supreme(Bom) 153

A.M.KHANWILKAR
Madhukar Punjaram Sonawane – Appellant
Versus
Gajanan Vithal Khandekar – Respondent


Advocates Appeared:
For the Petitioners:R.M. Hardas i/b. P.N. Joshi, Advocate. For the Respondent:M.K. Katikar, Advocate.

Judgment :

1. This Writ Petition under Article 227 of the Constitution of India is directed against the judgment and decree passed by the Additional District Judge, Nasik dated 12.07.1991 in Civil Appeal No.223 of 1989 thereby allowing the tenant's Appeal and setting aside the decree of possession of the suit premises passed in favour of Petitioner / Plaintiff and instead dismissed the suit filed by the Petitioners / Plaintiffs.

2. The Petitioners had filed suit for possession of the premises situated in Municipal House No. 1173, CTS No. 2482 consisting of one room ad measuring 15' X 10' on the first floor of said house against the Respondent / tenant amongst others on the ground of bonafide and reasonable requirement of the suit premises for personal use and occupation. The Trial Court decreed the suit for possession in favour of the Plaintiffs / landlords accepting the ground of bonafide and reasonable requirement of Plaintiff No.1 for his own use and business. That decision was carried in Appeal by the tenant which in turn has reversed the said opinion of the Trial Court and instead, dismissed the suit for possession preferred by the Petitioners / Plaintiffs.

3. Before proceeding










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