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2009 Supreme(Bom) 1718

R.K.DESHPANDE
Bismilla Bee W/o Sk. Chand – Appellant
Versus
Khajamiyan S/o Sk. Chand – Respondent


Advocates appeared:
For the Petitioners:A.S. Bajaj, Advocate. For the Respondent:P.F. Patni, Advocate.

Judgment :

1. This civil revision application is preferred by the original respondents -tenants against whom adecree for eviction from the suit premises has been passed by VII Joint Civil Judge, Junior Division, Aurangabad on 30.12.2002 in Rent Suit No.22/2001, on the ground of bonafide requirement and same is maintained in Rent appeal No.2/2003, dismissed by the District Judge at Aurangabad, by his judgment and order dated 03.10.2005.

2. The facts leading to this case are as under:-The respondent is landlord, filed Rent Suit No.24/2001 in the Court of Civil Judge, Senior Division, Aurangabad against the applicant-tenant, for eviction on the grounds of willful default, demolition of the premises and bona fide requirement. In this revision, we are concerned only with the ground of bonafide requirement and in respect of that the landlord pleaded in the suit that the defendants are the tenants in the house, which consists of two rooms with toilet unit. It was pleaded that the respondent-landlord has five sons and two daughters and the house, which is in his possession, is not sufficient to accommodate the entire family. The mother of the landlord is also residing with him, and he there































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