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2022 Supreme(Bom) 1621

RAJESH S. PATIL
Mohammad Ahsan S/o Fakirsab – Appellant
Versus
Mohammad Gous S/o Mohammad Ismail – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.S. Gangakhedkar.

JUDGMENT :

RAJESH S. PATIL, J.

1. This CRA is filed under Section 115 of the Civil Procedure code, challenging the judgments and order passed by both the Courts below.

2. The applicant herein is the tenant of the suit premises being a hotel premises. The respondent is the landlord who had filed a suit in the year 1995 against the petitioner under Section 15 of the Hyderabad Rent Control Act, for eviction on the grounds of bona fide requirement, nuisance, creation of sub-tenancy and addition alteration to the suit premises and the tenant has challenged the ownership of the landlord.

3. As the suit was pending for hearing the respondent-landlord moved an application before the local Municipal Corporation in order to inspect the suit premises. The Municipal Corporation Officer by his report dated 01.06.2016, has given a report that a shutter is fixed into the disputed property and there is structural alteration. Soon thereafter, the respondent landlord moved an application in the eviction suit in the month of June, 2016 and prayed therein that the tenant be restrained from making any structural changes, constructions, alterations, modifications or removing any portion of the suit property

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