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2013 Supreme(Bom) 570

S.C.DHARMADHIKARI
Khadi and Village Industries Commission – Appellant
Versus
Saraswati Ramkrishna Dalmia – Respondent


Advocates appeared:
For the Applicant:P.S. Dani i/b. A.R. Patil, Advocates.
For the Respondents:Rafiq Dada, Senior Advocate with Ms. Misbah Dada, Ms. Jyoti Sinha i/b. Y.E. Mooman, Advocates.

Judgment

1] Heard. Rule. Respondents waive service. By consent rule made returnable forthwith.

2] This civil revision application is filed by Khadi and Village Industries Commission, (KVIC) challenging the judgment and order dated 27th April 2012 of the Appellate Bench of Small Causes Court, Mumbai in Appeal No.15 of 2011 confirming the judgment and decree of the same court in T.E.& R Suit No.177/204 of 2007.

3] The suit was filed by the respondents original plaintiffs stating that they are landlords and owners of the property known as Dalmia Compound, situate at Plot No.67, 66, 65/2 and 65/3 off Dr.P.Mozes Road, Mahalaxmi, Mumbai 400 011 (said property for short). It is stated that the applicant before me, original defendant, is a monthly tenant in respect of a godown premises admeasuring about 9000 sft. situate in the said property and particularly described in the plaint, annexed as Annexure A to the plaint. Thus, the godown premises are the subject matter of the suit and described as the suit premises hereinafter. It is stated that the applicant was paying monthly rent of Rs.777.31.

4] It is stated that in or about 1988, the respondents and one Mrs.Ila Dalmia executed sale cu

































































































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