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2024 Supreme(Bom) 1157

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Uma Ramji Tiwari – Appellant
Versus
Ashok Manilal Dubey (Deceased) – Respondent


Advocates Appeared:
For the Appellants : Puneet Chaturvedi, Shreyans T. Baid
For the Respondent: Vinay Ashok Dwivedi

JUDGMENT :

SANDEEP V. MARNE, J.

1. The revisionary jurisdiction of this Court is invoked to set up a challenged to the judgment and decree dated 24 March 2022 passed by Appellate Bench of the Small Causes Court dismissing Applicant's Appeal No. 93 of 2019 and confirming the eviction decree dated 11 March 2019 passed by the Learned Judge of the Small Causes Court in R.A.E. & R. Suit No. 113/355 of 1994.

2. I have heard Mr. Chaturvedi, the learned counsel appearing for the Applicant and Vinay Ashok Dwivedi-Respondent No.1a in person. I have considered the submissions canvassed by them and have also gone through the findings recorded by the Trial and the Appellate Courts as well as the documents and evidence placed on record.

3. It appears that the suit was initially filed by the Respondents/Plaintiffs seeking recovery of possession of the suit premises on the ground of non-user, change of user, default in payment of rent, unauthorized additions and alterations, acquisition of suitable alternate accommodation and commission of acts contrary to Section 108(o) of the Transfer of Property Act, 1882. The Trial Court accepted the grounds of non-user, change of user, default in payment of rent,

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