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RAJESH S. PATIL
Narhari Chandrayya Kanda – Appellant
Versus
Heren Damji Gala – Respondent
| Table of Content |
|---|
| 1. background of the tenancy and dispute establishment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 10 , 11 , 12) |
| 2. arguments presented by both parties regarding tenancy. (Para 13 , 14 , 15 , 16 , 28 , 29) |
| 3. court's observations on tenancy rights and evidence. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. ratio decidendi concerning the termination of tenancy. (Para 25 , 26 , 27 , 30 , 33 , 34) |
| 5. final decision and dismissal of applications. (Para 39 , 40 , 41) |
JUDGMENT
Rajesh S. Patil, J. - These two Civil Revision Applications are filed under Section 115 of the Code of Civil Procedure, by the applicants who were original defendant no.1 (landlord) and defendant no.2 (new tenant) in a declaratory suit, filed by legal heir of original tenant.
2. For the sake of convenience, the parties are hereinafter referred to as per their nomenclature in the trial Court.
FACTS:
3. The premises in the present proceedings is a residential room bearing no.11, admeasuring 10 ft. x 12 ft. situated at Bohori Chawl, Senapati Bapat Marg, Dadar, Mumbai - 400 028 (for short 'the suit premises').
4. The original tenant of the suit premises was one Mr.Udaybhan Singh. The said Mr.Udaybhan Singh died around 12 July,
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