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2019 Supreme(Bom) 1329

S.S.SHINDE
Savitri @ Sumitra Narayan Gowda – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.R. Dave, Advocate
For the Respondent: Mrs. G.P. Mulekar, APP.

JUDGMENT :

1. Rule. Rule made returnable and heard with the consent of parties.

2. Brief facts leading for filing the present petition are as under:-

The petitioner is a official tenant in respect of Room No. 429 & 9, Noor Mohammed Beig Compound, Congrees House, in front of Queens Mary School, Mumbai. She is holding the tenancy rights of this two rooms since last more than 30 years. The rent receipt of the said room premises stands on petitioner's name. On earlier, that is in the year 2008, petitioner used to stay along with her family at Pandit Mansion, 3rd Floor, Flat No. 7, Near Apsara Talkied, D.B. Marg, Mumbai, and at that point of time she was not in need of her premises situated at Noor Mohammed Building and therefore in March 2008 she had given her room premises for residing purpose to one Kiran Naidu. At the time of giving said premises, a leave and license Agreement dated 12/03/2008 came to be executed between Petitioner and said Kiran Naidu and thereafter the said Agreement was registered with Sub Registrar of Assurances.

3. It is the case of the petitioner that on 16/12

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