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2022 Supreme(Bom) 878

S.M.MODAK
Bharat Petroleum Corporation Ltd. – Appellant
Versus
Bharat Krishnalal Thakkar – Respondent


Advocates Appeared:
For the Appellants :Shri Atul Damle, Senior Advocate, i/by Shri S.R. Page.
For the Respondent: Mr. Dushyant Purekar a/w Mr. Rajat Dedhia.

JUDGMENT :

1. Heard learned Senior Advocate Shri Atul Damle assisted by learned Advocate Shri S.R. Page for the Appellants/Defendants and learned Advocate Shri Dushyant Purekar assisted by learned Advocate Shri Rajat Dedhia for the Respondent/plaintiff.

2. The plaintiff’s suit for eviction was decreed by the trial Court. In an appeal filed by the Appellants hereinafter described as Bharat Petroleum Corporation Ltd. (BPCL) the judgment of the trial Court was confirmed. That is how the present Second Appeal is filed.

3. Learned Senior Advocate Shri Damle extensively argued the matter. According to him the Plaintiff was not sure whether the suit will be governed as per the provisions of Transfer of Property Act or as per provisions of Maharashtra Rent Control Act. According to him, if the grounds pleaded in the plaint thereby seeking eviction are perused, the eviction is sought mainly on the following three grounds:-

    (i) Non renewal of the lease deed.

(ii) Bonafide requirement of the landlord.

(iii) Unauthorized construction carried out by the BPCL.

4. It is true that all these three gro

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