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2011 Supreme(Bom) 843

S.S.SHINDE
Gorakh Hilal Patil – Appellant
Versus
Parit Samaj Seva Mandal – Respondent


Advocates Appeared:
For the Petitioners:S.P. Shah, Advocate.
For the Respondents:S.P. Brahme, Advocate.

Judgment :

1. This revision application is directed against the judgment and order dated 21st September, 2007 passed by the Ad-hoc District Judge-1, Dhule in Regular Civil Appeal No.26/2006 dismissing the appeal and confirming the judgment and decree dated 7th February, 2006 passed by the C.J.J.D., Shirpur in RCS No.263 of 1992.

2. The facts of the case, in brief, are as follows:

The respondent No.1 Parit Seva Samaj Mandal, Shirpur through its President and panchas filed R.C.S. No.263 of 1992 against deceased Hilal Natthu Patil - tenant, father of the present petitioner No.1 and husband of petitioner No.2 in the Court of Jt. C.J.J.D., Shirpur for recovery of arrears of rent and possession of residential premises bearing CTS No.1420 (for short, referred to as "the suit property"), on the ground of default and bona fide and reasonable use under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, referred to as the said Act). The trial Court on completion of the trial, decreed the suit vide judgment and decree dated 7th February, 2006 only on the ground of bona fide and reasonable use but refused decree on the ground of default.

This judgmen















































































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