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2016 Supreme(Bom) 1821

A.S.CHANDURKAR
Zainab Bee Wd/o Mohd Ismail – Appellant
Versus
Prabhakar Rajaram Kharwade – Respondent


Advocates Appeared:
For the Petitioner: Shri R.I. Agrawal.
For the Respondent: Shri M.M. Agnihotri.

JUDGMENT :

A.S. Chandurkar, J.

1. Since both these writ petitions raised challenge to the judgment of the appellate Court between the same parties, they are being decided by this common judgment by issuing Rule and making the same returnable forthwith. Respective Counsel waive notice.

2. Writ Petition No. 211 of 2015 has been filed by the original plaintiff-landlady who had filed suit for eviction of the respondent - original defendant under provisions of Section 15, 16(1)(a),(g),(h) and (i) of the Maharashtra Rent Control Act, 1999 (for short, the said Act). The suit was decreed by the trial Court while the appellate Court allowed the appeal filed by the respondent partly and set aside the decree for eviction. The landlady being aggrieved by setting aside of the decree for eviction has filed the said writ petition. Writ Petition No. 6734/2015 is filed by the tenant challenging the judgment of the appellate Court to the extent of determination of standard rent @ Rs. 5000/- per month. For the sake of convenience, the parties would be referred to as landlady and tenant.

3. The premises in question admeasuring about 610 square feet area at House No. 839 is situated at Kamptee, District Na










































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