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BOMBAY HIGH COURT
Dharmadhikari, J
Satyavrata J. and Another v. Mohamedbhai Abdulhussen Sadiq Bahreinwall and Others
| Table of Content |
|---|
| 1. background of tenant-landlord dispute and lift service issues. (Para 1) |
| 2. legal context and conflicting judicial decisions on tenant rights. (Para 2 , 3) |
| 3. discussion of the relevant statutory provisions under the rent act. (Para 4 , 5) |
| 4. analysis of the burden of proof regarding essential service availability. (Para 6 , 7) |
| 5. comparison of supreme court rulings regarding withholding of essential services. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 6. judicial interpretation of landlord's responsibility for maintaining essential services. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 7. findings on landlord's failure to maintain lift service and financial arguments. (Para 20 , 21) |
| 8. court's stance against remanding for further evidence; conclusions on landlord's neglect. (Para 22 , 23) |
| 9. respectful agreement with previous judicial reasoning, differing conclusions. (Para 24) |
| 10. final orders and implications for restoring lift service. (Para 25) |
1. The two petitioners before us are the tenants of flats on the 2nd and 4th floors of New Readymoney Building (renamed Alhafiz Building) situate at Clare Road, Byculla, Bombay. The respondents are the present landlords of this building which compr
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