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2011 Supreme(Bom) 35

D.G.KARNIK
Hanjabi Ratanchand Solanki – Appellant
Versus
Hansraj Mishrimal Jain, since deceased through his legal heirs – Respondent


Advocates Appeared:
For the Petitioners:T.D. Deshmukh, Advocate.
For the Respondents:NitinJamdar, Advocate.

JUDGMENT

1. This petition under Article 227 of the Constitution of India is directed against the judgment and order dated 27th September, 1991 passed by the 2nd Additional District Judge, Pune, allowing the Appeal filed by the Respondent (Landlord), thereby passing a decree for eviction against the petitioners.

2. It appears that the court receiver was appointed initially in respect of the suit property. The respondent appears to have purchased the property in a court auction. On 7th of December, 1997 the court receiver issued a notice to the petitioners, alleging that the petitioners are in arrears of rent amounting to Rs. 4275/- upto 31st December, 1972 and further he was in arrears of rent to Rs. 4425/- from 1st January, 1973 to 30th November, 1977. The notice also stated that the petitioners were in arrears of education cess amounting to Rs. 77.50 from 1.4.1968 to 30.9.1971; Rs.84/- from 1.10.1971 to 31.03.1974 and education cess of Rs. 396/- from 1.4.1974 to 30.11.1977. According to the petitioners, the arrears of rent and education cess amounting to Rs.9257.50/- was due and payable by the petitioners to the court receiver. On the petitioners failure to pay the amount despite







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