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2024 Supreme(Bom) 692

SANDEEP V. MARNE
Sakhubai Baburao Kadam since deceased through her legal heirs- Shri. Shivaji Baburao Kadam – Appellant
Versus
Sudhakar Sambhaji Kadam (Deceased) (No legal heirs) – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sanjay Kshirsagar.
For the Respondents: Mr. N.C. Walimbe.

JUDGMENT :

(Sandeep V. Marne, J.) :

1) This Petition is filed challenging the judgment and decree dated 20 January 1996 passed by the 9th Additional District Judge, Pune allowing Civil Appeal No.550/1992 and setting aside the decree dated 1 October 1992 passed by the Third Additional Judge, Small Causes Court, Pune in Civil Suit No. 613 of 1985. The Appellate Court has decreed Civil Suit No. 613 of 1985 and has held that the Plaintiff-Respondent is entitled to recover possession of the suit premises directing the Petitioner-Defendant to handover possession thereof to the Plaintiff within a period of 6 months.

2) Two rooms on ground floor of the house property bearing City Survey No. 302, Shukravar Peth, Pune are the ‘suit premises’. Plaintiffs are landlords of house property bearing No.302 and Defendant was inducted as monthly tenant in respect of the suit premises. It was averred in the Plaint that Defendant was not paying the rent from time to time and was in arrears since 01 August 1971. That the standard rent in respect of the premises were fixed at Rs. 8.60/- and after 1 April 1981, there was increase in water charges, sewerage charges etc. and the rent became Rs.9.40/-. Plainti

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