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2024 Supreme(Online)(Bom) 6227

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
SMT. JULIA RODRIGUES – Appellant
Versus
SMT. CHANDRA GULAB ADVANI and ORS. – Respondent


Advocates:
Mr. Prasad Dani, Senior Advocate with Mr. Vishal V. Kale, Mr. Ganesh M. Misal & Mr. Sunil Dude for Petitioner. Mr. Jai Kanade i/b. Mr. Sumit Kothari for Respondent No.3.

JUDGMENT:

1) Petitioner -landlady has filed this Petition challenging the decree dated 1 April 2003 passed by the District Judge, Pune, allowing Civil Appeal No.790 of 1985 and setting aside the eviction decree dated 28 September 1994 passed by the Additional Small Causes Judge, Pune, in Civil Suit No.1662 of 1981.

2) Commercial premises situated at House No.324, Mahatma Gandhi Road, Camp, Pune are the suit premises. According to Petitioner/Plaintiff, Defendant No.1 was inducted as monthly tenant in respect of the suit premises for the purpose of carrying out laundry business. Plaintiff alleged that Defendant No.1 closed his laundry business in the year 1976-77 and was in the process of subletting the suit premises. Therefore, she served Notice dated 12 January 1977 upon the Defendant No.1 terminating his tenancy. The notice was replied by Defendant No.1 denying the allegations. Plaintiff thereafter received notice dated 2 May 1981 from Defendant Nos.1 and 2 informing her that ownership right in the laundry with the name of M/s. Snow White Cleaners and Dyers was transferred by Defendant No.1 and his son in favour of Defendant No.2 alongwith stock-in- trade, goodwill of the business a

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