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1963 Supreme(Bom) 37

N.L.ABHYANKAR
Ramubai – Appellant
Versus
Jiyaram Sharma – Respondent


Advocates:
N.S. Nandedkar and R.S. Padhye, for Appellants; A.S. Bobde, B.A. Udhoji and G.L. Sanghi, for Respondents Nos. 1 and 2.

Judgement

JUDGMENT :- This is an appeal by original defendants 1 to 8 in an action for ejectment and recovery of possession of shop premises in Amravati town.

2. The suit was filed by respondents 1 and 2 against 11 defendants. Their case was that the double-storeyed house described in paragraph 1 of the plaint was occupied by one Bhagwanbhai as a monthly tenant and the rent was Rs. 16/- per month. As the plaintiffs wanted to terminate the tenancy of Bhagwanbhai, they filed an application before the Rent Controller seeking his permission to terminate his tenancy. While those proceedings were pending in Revenue Case No. 552/71(2)/57-58, Bhagwanbhai died on 1st of March 1959. Thereafter defendants 1 to 11 were brought on record in those proceedings as heirs of Bhagwanbhai. Out of these defendants, defendant No. 1 is the widow of Bhagwanbhai, defendants 2 to 8 are sons, and defendants 9, 10 and 11 are daughters of the said Bhagwanbhai. Defendants 9 to 11 are married and residing with their husbands at different places outside Amravati. The Rent Controller granted permission to the plaintiffs on 30th June 1961. Thereafter the plaintiffs issued a notice on 10-7-61 through their pleader, ad

























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