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2009 Supreme(Bom) 478

A.M.KHANWILKAR
Shankar Vishnu Sonar (Lohokare) – Appellant
Versus
Kusum Gajanan Pawar through her Mukhtyar- Chandrakant Khanderao Pawar – Respondent


Advocates appeared
Ms. Kiran Bhagadia for the petitioners.
Mr. N.P.Deshpande for the respondents.

JUDGMENT

. This writ petition under Article 227 of the Constitution of India takes exception to the Judgment and decree passed by the 12th Additional Judge, Pune dated 19/7/1991 in Civil Appeal No. 880/1987 which in turn has confirmed the Judgment and decree for possession of the suit premises passed against the petitioner-defendant no.3 on the ground of arrears of rent by the IInd Additional Small Causes Judge, Pune dated August 1, 1987 in Civil Suit No. 4/1983.

2. Briefly stated, the premises in question consist of a shed-cum-room admeasuring about 40 feet X 18 feet situated at CTS No. 35, Sadashiv Peth, Pune. The case of respondent no.1-plaintiff was that the aforesaid suit premises were let out to respondents 2 & 3 herein (defendants 1 & 2) for the purpose of running a laundry business. Whereas, the Respondent no.1 found petitioner (defendant no.3) in possession of the suit premises sometime in 1980. Accordingly, respondent no.1 issued legal notice to respondents 2 & 3 not only demanding arrears of rent but also terminating the tenancy. Copy of the said notice was marked to petitioner (defendant no.3). On the basis of said notice, respondent no.1 proceeded to institute Suit for




















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