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2012 Supreme(Bom) 2046

A.P.BHANGALE, B.P.DHARMADHIKARI
Chandiram Dariyanumal Ahuja – Appellant
Versus
Akola Zilla Shram Wahtuk Sahakari Sanstha – Respondent


Advocates Appeared:
For the Appellant:C.A. Joshi, Advocate, Advocate.
For the Respondent:A.S. Chandurkar, Advocate.

Judgment

A.P. Bhangale, J.

1. Appellant Chandiram is tenant while respondent/Akola Zilla Shram Wahatuk Sahakari Sanstha is landlord in respect of premises i.e. shop block in a building situated on Nazul Plot No.7, Sheet No.27/C, Old Cotton Market, Akola. Appellant/tenant was inducted in the suit premises under a Lease deed, dated 4th February, 1986 on a monthly rent of Rs.500/-payable in advance. Appellant had kept security deposit of Rs.1,00,000/-with the respondent-landlord. Appellant had actually occupied the tenanted premises with effect from 1st August, 1986. Tenancy month is governed as per English Calendar Month. Parties had agreed under the Lease deed that rent of the tenanted premises would be increased @ 20 % after every five years. Copy of Lease deed is on record which contains various terms and conditions.

2. The respondent-landlord filed Civil Suit No.22 of 2003 for eviction alleging inter alia that the appellant-tenant paid rent regularly till 31.1.1991. However, thereafter, the appellant-tenant adopted practice of remaining in arrears of rent. It was also averred that the appellant-tenant did not pay municipal taxes and the respondent-landlord had to pay the same. Wh











































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