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2024 Supreme(Bom) 600

SANDEEP V. MARNE
Shridhar K. Berde – Appellant
Versus
Ranjeetmal J. Oswal , Since Deceased Thr. L. Rs. Vasnatibai R. Oswal – Respondent


Advocates appeared:
Mr. Raju Suryawanshi, a/w. Mr. Suraj Naik, for Applicant.; Mr. Vijay H. Kantharia, a/w. Ms. Shubhada S. Salvi, for Respondents.

JUDGMENT

Sandeep V. Marne, J. - Applicant has filed this Revision Application challenging the decree dated 19 April 2023 passed by the Principal District Judge, Ratnagiri in Regular Civil Appeal No.19 of 2022 thereby dismissing the Petitioner's Appeal and confirming the decree dated 31 March 2022 passed by the Civil Judge, Junior Division, Ratnagiri in Regular Civil Suit No.290 of 2014. The Trial Court has decreed the suit filed by the Plaintiff-Landlord for eviction and has directed the Applicant to handover vacant and peaceful possession of the premises.

2. Briefly stated, facts of the case are that one Mr. Vinayak Purushottam Dali originally owned the entire Municipal House No.2481, in which Applicant and one Ranjitmal Shahuraj Oswal were monthly tenants. Applicant is monthly tenant in respect of Gala No.1 whereas said Ranjitmal Oswal was the tenant in respect of neighbouring Gala No.2. Mr. Ranjitmal Oswal purchased the entire property bearing Municipal House No.2481 from the owner Vinayak Dali vide registered sale-deed dated 27 May 2011 and thus become the landlord qua Applicant in respect of Gala No.1. As observed above, Plaintiff Ranjitmal Oswal was already possessing the neigh

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