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2022 Supreme(Bom) 705

AMIT B.BORKAR
Sanjay S/o Avinashchander Kapoor – Appellant
Versus
Gandhi Electricals – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.M. Sharma.
For the Respondents: S.P. Dharmadhikar, C.S. Dharmadhikari, M.A. Kadu

JUDGMENT :

AMIT B. BORKAR, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

2. A suit for ejectment filed by the plaintiff/petitioner seeking ejectment of the defendants/respondents from the suit premises, used for business, on the ground available under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999 having been dismissed by the Courts below; the present writ petition has been filed.

3. The petitioners filed the suit for possession of 200 sq. ft. on the ground floor of a building consisting of a mezzanine floor and first floor purchased by the petitioners on 24.08.2001. The requirement pleaded by the petitioner in the plaint is about 500 to 600 sq. ft. for starting a transport business. It is pleaded that there are 8 to 10 employees of petitioners and area of 500 to 600 sq. ft. is required for their staff, visitors, who visit taking delivery of their goods or for booking their consignments. It is pleaded that though the petitioners have possession of a godown and premises on the first floor, the suit premises face the main road and is on the ground floor; therefore, it is suitable for their business of transport. The petitioners are ru

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