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2024 Supreme(Bom) 989

SANDEEP V. MARNE
Louis Lobo – Appellant
Versus
Mohamed Yusuf Moosa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Clive D'Souza
For the Respondents: Ravindra Vishnu-Laxmi Sankpal i/b R.V. Sankpal & Associates

JUDGMENT :

Sandeep V. Marne, J.

1. Petitioner/Defendant has filed this Petition challenging the decree dated 9 December 2005 passed by the Appellate Bench of the Small Causes Court allowing Cross Appeal No. 26 of 2004 filed by Plaintiffs thereby decreeing R.A.E. Suit No. 1952/5871 of 1985 and directing Petitioner/Defendant to handover possession of the suit premises to Plaintiffs. The Trial Court had decreed the R.A.E. Suit No. 1952/ 5871 of 1985 on the ground of acquisition of suitable alternate accommodation by Defendant while rejecting the grounds of unauthorised subletting and bonafide requirement. Cross Appeals were filed by both the parties challenging the decree dated 29 April 2003 passed by the Trial Court. Petitioner/Defendant filed Appeal No. 227 of 2004 challenging the eviction decree on the ground of acquisition of suitable alternate premises. On the other hand, Plaintiffs filed Cross Appeal No. 26 of 2004 challenging the findings of the Trial Court on the issues of unauthorized subletting and bonafide requirement. The Appellate Court has answered the issue of acquisition of suitable alternate accommodation in favour of Defendant and against Plaintiff and to that extent,

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