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1980 Supreme(Online)(Bom) 2

BOMBAY HIGH COURT
Not Available, J
Kakubhai – Appellant
Versus
Nathmal – Respondent


Advocates:
For the Appellant: Dharmadhikari
For the Respondent: Bobde

Table of Content
1. property ownership and tenant succession issues. (Para 1 , 2 , 3)
2. tenancy contestation and claims of occupation. (Para 4 , 6 , 8)
3. legal requirements under rental control regulations. (Para 5 , 7 , 9 , 10 , 12 , 14)
4. validity of claims and statutory compliance. (Para 15 , 18)
5. final judgment outcome against the appeal. (Para 20)

1. This is defendant's appeal challenging the decree passed against him in Special Civil Suit No. 16 of 1966 of the file of the Civil Judge, Senior Division, Akola.

2. The litigation pertains to the shop premises situate at Akola. They are part of house No. 92 in ward No. 29. This house is of the ownership of the plaintiff since 2-2-1954 as on that date the plaintiff purchased if from the previous owner Messrs Sawatram and Sons Limited under the sale deed Ex. 117. Deceased Shiojibhai was occupying all three blocks or tenement's in the said house as a tenant since before this purchase. There is no dispute that Shiojibhai left possession of one of the blocks sometime in 1956. Thereafter the two blocks continued in possession of Shiojibhai on the rent of Rs.1761/- per year. Shiojibhai died on 9-3-1958 leaving behind him his daughters and







































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