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2012 Supreme(Bom) 195

K.U.CHANDIWAL
Perumal Ramchandra Aidasani (Since deceased) through his LRs. – Appellant
Versus
Prakash Kashinath Wani – Respondent


Advocates Appeared:
For the Applicant:P.M. Shah, Sr. Counsel, h/for S.P. Shah, Advocate.
For the Respondents:R1, V.J. Dixit, Sr.Counsel h/for L.V. Sangit, Advocates.

Judgment

This is a tenant's revision. On 15th October, 2011, after hearing the respective counsels, it was directed that the matter would be finally heard and decided at admission stage.

2. The status of the parties, landlord being plaintiff and tenant being defendant, is not in controversy. Hence, they are referred as Landlord and tenant for convenience.

3. Landlord Prakash (expired on 17.4.2003) instituted Regular civil Suit No.64/2001 for eviction of the defendant/tenant from the ground floor premises/shop CTS No.2017-B, leased to tenant @ Rs. 250/-per month.

4. Learned Trial Court decreed the suit on bonafide requirement on 22.2.2005. The defendant/tenant preferred Regular Civil Appeal No.94/2005 before the learned District Judge at Jalgaon and on 27.12.2010, the appeal was rejected and consequently, both the orders are assailed by the tenant/defendant as revision applicant.

5. Petitioner, tenant No.1-A died on 21.10.2011 while petitioner No.2-B Raju attained age of majority in the year 2011.

6. Learned Civil Judge, Junior Division (for short, CJJD) On the pleadings of the parties, framed issues below Exhibit-12 as under:

ISSUES FINDINGS

1) Do plaintiffs prove that suit shop is




















































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