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2025 Supreme(Bom) 1134

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.Jamadar
Venkatesh Krishna Bhandarkar – Appellant
Versus
Henry D’Souza – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arun Palekar
For the Respondent: Mr. Vivek Walavalkar, a/w Sameer R. Bhalekar

JUDGMENT:

N. J. JAMADAR, J.

1. This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a Judgment and Decree dated 27th November 1998 passed by the Appellate Bench of the Court of Small Causes in Appeal No. 44 of 1993, whereby the Appeal preferred by the deceased Plaintiff (predecessor-in-title of Respondent Nos. 1a to 1d), came to be partly allowed by setting aside the judgment and decree passed by the Trial Court in RAD Suit No. 3041 of 1977, and thereby declaring that the deceased Respondent-Plaintiff acquired the status of a deemed tenant under Section 15A of the BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL ACT , 1947 (“the Bombay Rent Act, 1947”), and the judgment and order dated 29th April 1999 in Review Petition - Interim Notice No. 5675 of 1998, whereby the said Interim Notice also came to be dismissed.

2. Shorn of unnecessary details, the background facts leading to this Petition can be stated as under:

2.1 For the sake of convenience and clarity the parties are hereinafter referred to in the capacity in which they were arrayed before the Trial Court in RAD Suit No. 3041 of 1977.

2.2 The Defendant - predecessor-in-

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