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2022 Supreme(Bom) 164

A.S.GADKARI
Surgonda Kalgonda Patil – Appellant
Versus
Ramkrishna Apa Topkar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sandesh D. Patil, Anusha Y. Amin, Mr. P.P. Jadhav.
For the Respondents: Mr. Vinod Sangvikar, Ms. Rui Danawala, Mr. Umesh Mankapure.

JUDGMENT :

A.S. GADKARI, J.

1. Applicant, original plaintiff has filed present Revision under Section 115 of the Code of Civil Procedure (for short CPC) impugning the Judgment and Order dated 12.11.2007 passed in R.C.A. No. 252 of 2002 dismissing the said appeal and confirming the Judgment and Order dated 14.8.2002 passed in R.C.S No. 462 of 1995 filed by the applicant.

2. Heard Mr. Sandesh Patil, learned counsel for the applicant and Mr. Vinod Sangwikar, learned counsel for respondent. Perused entire record.

3. Applicant, plaintiff had filed a suit for possession of suit premises, description of which is more specifically given in Para No. 1 of the plaint and for recovery of arrears of rent thereof. The said suit was filed on the grounds of willful default in payment of rent; acquisition of suitable alternate accommodation by the respondents and reasonable and bona-fide need of the applicant for his personal use and occupation.

It was the case of the applicant that, the respondents are his tenants and they alongwith their sons are residing in the suit property. The suit property came to the share of the applicant in furtherance of Partition dated 20.1.1987 in the larger joint family of

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