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2024 Supreme(Online)(Bom) 1487

BOMBAY HIGH COURT
SANDEEP V. MARNE, J
N. N. DOGRA (DECEASED) THR. LRS. AJAY N. DOGRA – Appellant
Versus
MIRA J. PAHLAJANI (DECEASED) THR. LRS. AND ORS. – Respondent


Advocates:
Mr. Herbert A. Noronha for the Applicant. Mr. Shailendra S. Kanetkar with Mr. Yash Deval for Respondent Nos.1A, 1B, 2 and 3.

J U D G M E N T

1 These two Civil Revision Applications are filed by the heirs of Mr. N.N. Dogra-the original occupant of suit premises, challenging the decrees passed by Appellate Bench of the Small Causes Court on 6 October 2018, by which their claim of tenancy in respect of the suit premises is rejected and they have been directed to handover possession of the suit premises to the owners (Respondents). The Appellate Bench has reversed the decree passed in favour of Mr. N.N. Dogra in RAD Suit No. 90 of 1992 which had declared him to be a tenant in respect of the suit premises. The Appellate Bench has also decreed LE & C No.136/161 of 1992 filed by landlords by ordering eviction of the heirs of Mr. N.N. Dogra from the suit premises.

2 Flat No.23, in Building named ‘Prem Court’ situated at 5, Peddar Road, Mumbai, are the ‘Suit Premises’. Defendants claim to be the owners in respect of the suit premises. Occupant of suit premises, Mr. Narindar Nath Dogra filed RAD Suit No.90 of 1992 before Court of Small Causes at Bombay seeking a declaration that he is a tenant in respect of the suit premises. On the other hand, landlords filed LE & C Suit No.136/161 of 1992 treating Mr. Dogra as a t

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