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2009 Supreme(Bom) 1649

NISHITA MHATRE
VINAYAK NARAYAN DESHP ANDE – Appellant
Versus
DEELIP PRAHLAD SHISODE – Respondent


Advocates Appeared:
For applicants: R. M. Hardas instructed by P. N Joshi
For respondent: M. M. Sathaye

JUDGMENT:- These two Civil Revision Applications have been filed against the judgment and order dated 26th October, 2007 passed by the Ad-Hoc District Judge, Nasik, in Civil Appeal No. 123 of 2006. The Civil Revision Application No. 113 of 2008 has been preferred by the landlords while the Civil Revision Application No. 661 of 2009 has been preferred by the tenant. For the sake of convenience, the parties will be referred to as 'landlords' and 'tenant'.

2. The landlords purchased the suit property from the earlier owner on 23rd February, 2000. The landlords issued a notice on 23rd May, 2000 to the tenant calling upon him to pay arrears of rent from September, 1999. The landlords also contended that they required the premises for their own use and, therefore, terminated the tenancy.

3. The tenant did not reply to this notice. In the circumstances, the landlords instituted a suit being Regular Civil Suit No. 1284 of 2000 on 17th October, 2000. The contentions raised in the plaint were:

(i) that the tenant had committed a default in payment of rent;

(ii) that the suit premises were required by the landlords bona fide and;

(iii) that the suit premises were not in use for more than six month
























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