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2024 Supreme(Bom) 647

SANDEEP V. MARNE
Anil Joginder Sachdev – Appellant
Versus
Balasaheb Hiralal Zad – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.M. Gorwadkar, Niranjan A. Mogre.
For the Respondents: G.S. Godbole, Aishwarya Bapat, S.C. Wakankar.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Applicants-tenants have invoked revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (Code) challenging the judgment and decree dated 1 January 2018 passed by District Court, Pune in Regular Civil Appeal No. 720 of 2011 confirming the judgment and decree dated 29 September 2011 passed by Additional Small Causes Court, Pune in Regular Civil Suit No. 668 of 1999. The suit filed by the Plaintiffs-landlords has been decreed on the ground of arrears of rent, destruction/injury to the suit premises and erection of permanent structure inside and outside the suit premises. The decree has been confirmed by the Appellate Court.

(A) FACTS

2. Shop admeasuring 150 square feet situated on ground floor of the building at CTS No. 545 Sadashiv Peth, Laxmi Road, Pune, are the ‘suit premises’. The house property bearing No. 545 was originally owned by Shri Sarjerao Jadhav, who had inducted Defendants' father as a tenant in respect of the suit premises. Plaintiffs-landlords purchased the house property No. 545 from the previous owner on 17 December 1979 and became landlord of Defendants. Defendants operate business in the name o

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