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1985 Supreme(Bom) 204

DHABE
Guruprasad – Appellant
Versus
Additional District Magistrate, Nagpur – Respondent


Advocates:
R.K. Thakur, for Petitioner (in W.P. No.820/82) and for Respondent No. 3 (in W.P. No.2119/83); N.R. Abhyankar, for Respondent No.3 (in W.P. No. 820/82) and for Petitioner (in W.P. No.2119/83); S.P. Dharmadhikari and P.G. Phatak, for Respondent No.2 (in W.P. Nos. 820/82 and 2119/83).

ORDER:- These are two connected writ petitions arising out of the same order passed under the provisions of the C.P.and Berar Letting of Houses and Rent Control Order, 1949 (for short, "the Rent Control Order"). The reference to the names of the parties would, however, be as in the writ petition No.820/1982.

2. It is necessary to state the facts in some detail for the purpose of appreciating the controversy raised in these petitions. One Shri M.V. Gokhale was the owner of the suit block in the instant case. In 1938 he let out the suit block to one Anandkumar Nigam for the purposes of running a shop named "Chitra Arts Studio" which was a photo studio. The aforesaid Shri A.K. Nigam was the proprietor of the said studio. It was agreed between the said Shri M.V. Gokhale and the proprietor of the Chitra Arts Studio Shri A.K. Nigam that the latter should deposit the rent of the suit block in the Savings Bank Account No.612 of the said Shri M.V. Gokhale with the United Commercial Bank. It may be stated at this stage that the rent of the suit block was Rs. 59/per month. This arrangement continued till the end of December 1969. In December 1969 there was a partition of the property between t






















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