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2012 Supreme(Bom) 162

K.U.CHANDIWAL
Dattatraya s/o Trambak Wani – Appellant
Versus
Yashwant s/o Ramdas Wani (Died) Through his L. Rs. – Respondent


Advocates Appeared:
For the Petitioner:V.R. Dhorde, Advocate.
For the Respondent:S.P. Shah, Advocate.

Judgment

Heard learned Counsel for the respective parties extensively.

2. Decree of eviction recorded in Regular Civil Appeal No.104 of 2005 dated 30th August, 2010 by the learned District Judge-4, Jalgaon, setting aside the decree of dismissing the suit by the learned Civil Judge, Junior Division, Raver in Regular Civil Suit No.43/1997, is impugned by the revision applicant/tenant in this revision.

3. The premises in question belonged to Yashwant (original owner/plaintiff) being CS No.156 admeasuring 36.4 sq. meters situate in commercial area at Raver, Tq. Raver, District Jalgaon. The revision applicant is a tenant at ground floor of the said premises, consisting of two rooms -12 x 18 ft and 12 x 13 ft. at monthly rental of Rs.15/-as per the Marathi calender month.

4. Landlord Yashwant sought eviction of the tenant (revision applicant) on the ground of default in payment of rent and bonafide requirement.

5. Learned CJJD, did not agree default, while learned District Judge accepted that the tenant is not a willful defaulter. He found, the landlord is entitled for suit premises reasonably and bonafide for his use and occupation.

6. Mr. Dhorde, learned counsel, submits two principal




































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