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2011 Supreme(Bom) 1050

S.S.SHINDE
Baburao S/o Narayanrao Terkar – Appellant
Versus
Pokhardas S/o Bhanumal Khatnani – Respondent


Advocates appeared:
For the Petitioner:U.K. Patil, P.G. Rodge, Advocates.
For the Respondents:G.O. Wattamwar, Advocate.

Judgment :

This Civil Revision Application takes exception to the Judgment and order dated 26th February, 2007, passed by the Principal District Judge, Latur, in Rent Appeal No. 05 of 2005. The revision applicant has also prayed that impugned judgment and order be set aside and judgment and order dated 11.04.2005, passed by the Sub-Divisional Officer and Rent Controller, Latur, in File No. 1988/RCA/A/7 may kindly be restored.

2. Revision applicant herein is landlord and Deceased Original-respondent was tenant of the suit premises. Revision applicant will be hereinafter referred to as ‘Land-Lord’ and Respondent herein will be referred to as ‘Tenant’ for convenience. The landlord sought possession of the suit premises, which is shop situated at Latur from the tenant. According to the landlord, there was agreement of rent of the suit shop between himself and the tenant. The last deed of rent was dated 1st November, 1986. The tenant agreed to pay the rent at the rate of Rs.400/per month and same to be paid till within first five days of every month. The tenant has paid rent to the landlord till September, 1987, as per the agreement. Since October, 1987 till March, 1988 rent was neither







































































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