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2022 Supreme(Bom) 971

MANISH PITALE
Jain Supari Centre, through its partner Shri Shantilal Sohanlal Baid – Appellant
Versus
Rameshlal Motilal Hasoriya – Respondent


Advocates Appeared:
For the Petitioner: Mr. Akshay Naik.
For the Respondent: Mr. S.S. Sitani.

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the rival parties.

2. The tenants are before this Court challenging concurrent decrees passed against them by the two Courts below under the provisions of Maharashtra Rent Control Act, 1999, thereby directing their eviction from the suit premises. The respondent Nos.1 and 2 are the landlords, who had initiated the said proceedings before the Small Causes Court at Nagpur.

3. The case of the said respondents was that being the lawful owners of Municipal House No.2 situated at Ward No.36, Mouza-Nagpur, Maskasath, Kirana Oli, Taluka and District – Nagpur, they filed a suit for eviction of the petitioners on the ground of bonafide need. The petitioners were inducted as tenants in ground floor shop admeasuring 789 sq.ft and part of first floor admeasuring 120 sq. ft. in the said building for commercial use in the year 1990. They were inducted by Prabhadevi Motilal Hasoriya and after her death, the respondent Nos.1 and 2 became lawful owners of the said property and the tenancy was continued by executing an agreement on 01.01.2013.

4. The respondent Nos.1 and 2 pleaded that

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