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2015 Supreme(Bom) 1114

T.V.NALAWADE
Govindlal Motilal Jhawar – Appellant
Versus
Kanakmal Maganmal Gandhi – Respondent


Advocates:
Advocate Appeared:
Mr. R.N. Dhorde, Senior Counsel i/b. Mr. V.R. Dhorde, Advocate for applicants.
Mr. R.R. Mantri h/f. Mr. N.C. Garud, Advocate for respondents.

ORDER

1. The proceeding is filed against judgment and order of Regular Civil Appeal Nos. 317/2011 and 329/2011 delivered by the learned Ad-hoc District Judge-3, Ahmednagar. The District Court has confirmed the judgment and decree of trial Court delivered in Regular Civil Suit No. 305/2002 and the suit was pending in the Court of Civil Judge, Junior Division, Ahmednagar. The suit was filed for eviction by present respondent No. 1 against the applicants, tenants on the ground of bonafide requirement for personal use and also on other grounds. The appellate Court has held that on the ground of bonafide requirement the landlord is entitled to the decree of possession. Both the sides are heard.

2. The suit property is described as C.T.S. No. 3576/1 which is described with local body as House No. 3649. It is a two storied building constructed on the plot of 49 x 16 fts. On the eastern side of the suit property, there is Mahatma Gandhi Road, which is the main road of the city and the suit property has access from eastern side, from the main road. On the north side and south side of the suit property, there are shops and the property is situated in market place.

3. It is the case of plaintiff




































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