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2010 Supreme(Bom) 6

B.P.DHARMADHIKARI
Dinesh Jagannath Khandelwal – Appellant
Versus
Kundanlal s/o Perumal Chhabriya – Respondent


Advocates Appeared:
J.M. Gandhi, Advocate for the petitioner – tenant.
Shri C.S. Kaptan, Advocate for the respondents – landlords.

Judgment :

1. In this petition under Articles 226 & 227 of the Constitution of India, tenant has challenged the reversing judgment dated 29/8/2006 delivered by Additional District Judge, Nagpur in Regular Civil Appeal 301 of 2004. This judgment in an appeal under Section 34 of Maharashtra Rent Control Act, 1999 sets aside the judgment & decree dated 30/4/2004 dismissing Regular Civil Suit 165/2000 of respondent/ landlord delivered by Additional Small Causes Court, Nagpur, and orders petitioner tenant to hand over vacant possession to him within 3 months. It also directs an inquiry under O.20 R.12 pf Civil Procedure Code. On 18/4/2007 while admitting the writ petition for final hearing, this Court has stayed the operation & effect of the impugned appellate judgment.

2. The Suit as filed on 14/6/2000 was having title as under S. 24 of the Maharashtra Rent Control Act, 1999 (Rent Act for short). The tenant then filed an application for its dismissal but landlord sought an amendment to the plaint and sought eviction of tenant on the grounds like bona fide need and nuisance etc. Tenant filed written statement disputing all factual aspects. He pointed out that after the suit was filed, th

















































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