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2014 Supreme(Bom) 1968

R.K.DESHPANDE
Vithal Saidu Lokhande – Appellant
Versus
Rama Mahadev Gund – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:S.A. Kumbhakoni, Advocate
For Respondents/Defendant:S.D. Dharmadhikari i/b, V.S. Toraskar, Advocates

Judgment

R.K. Deshpande, J.

1. Regular Civil Suit No. 370 of 1977 was decreed by the trial Court for arrears of rent and for possession of some portion of the house described in para 1 of the plaint from the defendant. The defendant is directed to handover vacant possession of the portion of the house described in column 'A' of the operative part of the order. The counter claim filed by the defendant was dismissed. Civil Appeal No. 278 of 1987 filed by the defendant has been allowed on 23rd August, 1991 and a decree passed by the trial court has been set aside. The suit filed by the plaintiff has also been dismissed. The counter claim of the defendant for reconveyance of the property has also been dismissed. This second appeal is, therefore, preferred by the original plaintiff.

2. After hearing the learned counsels appearing for the parties at length, this court had passed an order on 13th of June, 2014 which is reproduced below:

"After hearing the learned counsel for the appellant and going through the judgments delivered by the Courts below, it is very clear that the agreement at "Exhibit 120" and the sale deed at "Exhibit 121" both the documents executed by defendant No. 1 in favour
























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