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2015 Supreme(Bom) 13

V.M.DESHPANDE
Subhash Narsopant Saundankar – Appellant
Versus
Chandrakant Babanrao Salunke – Respondent


Advocates Appeared:
For the Petitioners:S.P. Shah, Advocate.
For the Respondents:N.B. Suryawanshi, Advocate.

JUDGMENT

1. Unsuccessful landlord before the appellate court, who reversed the decree in favour of the landlord for possession is before this court.

2. A suit was filed in the court of 5th Joint Civil Judge, Junior Division, Dhule. The said suit was registered as Regular Civil Suit No. 458 of 1985. The said suit was contested by the present respondent no.1 and the predecessor-in-title of respondent nos. 2 to 5. The said suit was decreed by the learned trial court and the defendants in the suit were directed to hand over vacant possession of the suit premises and they were also directed to pay Rs.152.50 Ps. as arrears of rent, Rs.35/- towards damages and Rs.65/- by way of notice charges by judgment and decree dated 16.11.1991.

3. Appeal was carried. The said appeal was registered as Regular Civil Appeal No.2 of 1992 and was on the file of Extra Joint District Judge, Dhule. The learned lower appellate court vide judgment, dated 2.2.2000 allowed the appeal and thereby reversed the judgment and decree of the trial court granting possession. It is against this reversal of judgment, the present Writ Petition is filed by the landlord.

4. Facts giving rise to the present Writ Petition are sta















































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