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2019 Supreme(Bom) 1740

N.J.JAMADAR
Madhuri Doulatram Choitram @ Janu – Appellant
Versus
Lachmandas Tulsiram Nayar (HUF) by and through its Karta and Manager Brijbehari Lachmandas Nayar – Respondent


Advocate Appeared:
For the Petitioner:Yashpal Jain a/w. Smita Chaudhary, Mitchelle Almeida, Ajay More, Aditi Harash i/by. M/s. Haresh Jagtiani & Associates, Advocates.
For the Respondents:Anita Castellino i/by. Bruno Castellino, Mayur Khandeparkar a/w. Rahul C. Mestry, Dhwani Shah, Advocates.

JUDGMENT :

1. This petition under article 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 12th April 2019 in Revision Application No. 343 of 2018 passed by the Appellate Bench of the Court of Small Causes, Bombay, whereby the revision application preferred by the petitioner against an order passed by the learned Judge, Court of Small Causes, Bombay on an application for dismissal of the suit (Exh.28) in RAE Suit No. 119/171/2011 dated 2nd April 2018, came to be dismissed.

2. The background facts leading to this petition can be stated in brief, as under:-

    (a) The respondent No.1-Lachmandas Tulsiram Nayar (HUF) had instituted a suit, being RAE Suit No. 660/1127/2002, against the predecessor-in-title of the petitioner and respondent No.5 for recovery of the possession of the demised premises on the ground of personal bonafide requirement and non-user. The said suit came to be dismissed by a judgment and order dated 27th February 2009.

(b) Thereafter, respondent No.1 again instituted a suit, being RAE Suit No. 119/171/2011, against the petitioner and respondent No.5 on the ground of personal bonafide requirement and alleged s

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