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2009 Supreme(Bom) 489

A.M.KHANWILKAR
J. Marathe – Appellant
Versus
P. V. Kaloke – Respondent


Advocates appeared:
For the Petitioners:Madhav Jamdar, Advocate. For the Respondent:
P.S. Dani, Advocate.

Judgment :

1. This Writ Petition takes exception to the Judgment and Decree passed by the Appellate Bench of the Small Causes Court dated 28th September, 1989 in Appeal No.507 of 1985 thereby confirming the Judgment and Decree passed by the Trial Court dated 16th August, 1985 in R.A.E. & R. Suit No.390/2552 of 1970.

2. The Respondent/landlord filed suit for recovery of arrears of rent and compensation as also possession of the premises bearing flat No.D-2, Bharatiya Bhavan Co-operative Housing Society situated at 653/654. 17th Road, Khar, Mumbai on the grounds of default, bonafide requirement, unlawful subletting and defendant having acquired alternative residential accommodation elsewhere. The Trial Court decreed the suit in favour of the Respondent/landlord on the ground of bonafide requirement and tenant having secured alternative suitable accommodation elsewhere. The said decision was unsuccessfully carried in appeal by the Defendants/tenants. Even the Appellate Court confirmed the decree for possession on the aforesaid two grounds, while dismissing the Appeal preferred by the tenants. Against these concurrent decisions present Writ Petition under Article 227 of the Constitution































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