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2014 Supreme(Bom) 105

B.R.GAVAI, A.S.CHANDURKAR
Hasanate Taheriyyah Fidayyiah – Appellant
Versus
Mahesh s/o. Kishor Saran – Respondent


Advocates:
Advocate appeared:
Mr. ROHAN CHHABRA, Advocate for the appellant
Shri S.V. SIRPURKAR, Advocate for the respondent
Shri A.A. NAIK, Advocate appointed as amicus curaie

Judgment :

B.R. GAVAI, J.

Heard.

2. Admit. By consent of the parties, the appeals are taken up for hearing finally.

3. Both these appeals take exception to the Judgment and order passed by the learned Single Judge of this Court in Writ Petition No. 2808 of 2012 on 15th October, 2012. These appeals are having chequered history.

4. In the present matters, the parties are referred by their nomenclature in original suit. The plaintiff has filed a Suit for ejectment, possession and mesne profits. It is the contention of the plaintiff that the defendant was not using the suit premises and as such the plaintiff was entitled for a decree of ejectment and possession of the suit premises under section 16(1)(n) of the Maharashtra Rent Control Act, 1990 (hereinafter referred to as the 'said Act'). The plaintiff had also sought possession under Section 16(1)(g) on the ground of bona fide need. It was further contended by the plaintiff that the defendant/tenant was in arrears of rent and as such also liable to be evicted in view of the provisions of Section 15 of the said Act. The learned trial Judge, vide Judgment dated 25th April, 2008, though gave a finding that the plaintiff was entitled for poss






















































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