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2023 Supreme(Bom) 313

VINAY JOSHI
Khandelwal Steel & Pipe Distributors, a partnership firm through its partner Dineshkumar S/o. Krishna Swaroop Khandelwal – Appellant
Versus
Rajendra S/o. Ganpatray Malhotra (deceased), L. Rs. - Smt. Prashantlal wd/o. Rajendranath Malhotra – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.M. Sharma.
For the Respondents: Mr. P.M. Shukla.

JUDGMENT :

Heard finally by consent of the learned Counsel appearing for the parties. Rule. Rule is made returnable forthwith.

2. This writ petition filed under Article 227 of the Constitution of India takes exception to the judgment and decree passed by the learned District Judge, Nagpur dated 10th January, 2022 in Regular Civil Appeal No. 250/2019 dismissing the appeal preferred by the petitioner-tenant upholding the eviction decree passed by the Small Causes Court Nagpur in Regular Civil Suit No. 42/2015 dated, 15th May 2019.

3. Briefly stated, the respondent-landlord has filed Regular Civil Suit No. 42/2015 seeking eviction decree against the petitioner-tenant in terms of Section 16(1)(g) of the Maharashtra Rent Control Act (‘Rent Act’). For the sake of convenience, the parties are referred as per their status before the Trial Court. The plaintiff-landlord is the owner of three storied house property situated at Central Avenue, Nagpur which is specifically described in para one of the plaint. The said building consists of ground, mezzanine, first, second and third floor. The defendant is the tenant of a shop premises situated on the ground floor admeasuring 177 sq.ft. area. The d

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