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2015 Supreme(Bom) 786

N.M.JAMDAR
Jahida Sikandar Ustad – Appellant
Versus
Krishnabai Vithal Mudgal Since deceased through her legal representatives – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:S.M. Kamble, Advocate.
For the Respondents:Manoj Patil, Advocate.

Judgment

1. By this petition, the Petitioner challenges Judgment and Decree dated 11 November 1997 passed by the learned Civil Judge, Senior Division, Kolhapur and the Judgment and order by the Additional District Judge, Kolhapur dated 13 July 1999, decreeing the suit and dismissing the appeal. By the impugned orders Petitioners-tenants are directed to be evicted from the suit premises.

2. The father of the Petitioner No.1 was the original tenant of the suit premises and upon his death, the Petitioner No.1 who was residing in the premises became the tenant. After her marriage, Petitioner No.2, her husband also came to reside in the suit premises. The Respondents filed a suit bearing No.900 of 1986 for recovery of the suit premises from the Petitioners. The suit premises are one room, admeasuring 15 ft. x 10 ft. in C.S.No.2230/C, Somwar Peth, C Ward, Kolhapur. The possession was sought on the ground of bonafide requirement of the Respondents and the Petitioners being in arrears of rent. The Respondents amended the plaint and pleaded that the Petitioners had acquired suitable alternate accommodation on 5 May 1991, a service quarter provided by State Transport Corporation at Kolhapur. T

















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