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2022 Supreme(Bom) 1587

SANDEEP V. MARNE
Laxman S/o. Ghulji Upadhye – Appellant
Versus
Vijay Bhojraj Khachne – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Hemant Surve, Advocate
For the Respondent:Mr. S.B. Yawalkar, Advocate

JUDGMENT:

Petitioner has challenged the judgment and order dated 12.08.2015 passed by the District Judge-2, Bhusawal in Regular Civil Appeal No.89 of 2014 thereby reversing the judgment and decree passed by Jt. Civil Judge Junior Division, Bhusawal dated 20.08.2007 in Regular Civil Suit No.162 of 1991. The District Judge has directed petitioner to vacate the suit premises.

2. The facts of the case, in nutshell, are as under:

Petitioner is the tenant in respect of a block located at ground floor of the Municipal House No.1439 at Bhusawal, Dist. Jalgaon. Respondent Nos.1 to 3 are landlords in respect of the rented premises. The landlords filed Regular Civil Suit No.162 of 1991 against the tenant for eviction on the ground that the tenant failed to pay rent for a period exceeding six months and that despite issuance of notice dated 01.01.1999, the tenant failed to pay the rent. Instead of paying the due rent, tenant filed Civil Misc. Appeal No.26 of 1991 for fixation of standard rent on 03.04.1991. The tenant also claims to have sent a money order dated 21.01.1991 for Rs.240/- towards rent from 01.07.1990 to 31.12.1990. In his application for fixation of standard rent being Civil Misc. A

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