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BOMBAY HIGH COURT
Dharmadhikari, Chaudhari, JJ
Lakhichand Punamchand Marwadi Deceased By His Heirs - Sou. Pramilabai Punamchandji Ladha Etc. and Another v. Thakursheth Lalasaheb Tokeram
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| 1. judicial precedent established in earlier cases guides current petition. (Para 1 , 5) |
| 2. eviction based on subletting and arrears of rent is contentious; prior court decisions matter. (Para 2 , 3 , 4) |
| 3. legal amendments retroactively legalize sub-tenancies prior to specified date. (Para 6 , 10 , 11) |
| 4. the definition of 'proceedings' under law includes constitutional petitions affecting landlord rights. (Para 12 , 13 , 14 , 15) |
| 5. final judgment allows the petition, emphasizing fair hearing principles. (Para 16 , 17 , 18) |
1. In my opinion, the point which arises for decision in this petition under Art.227 of the Constitution of India has already been decided by the Division Bench of this Court, consisting of Dharmadhikari and Chaudhari, JJ. Dharmadhikari, J. delivered the concerned judgment in Writ Petition No. 1464 of 1981 (Prabhulal Chhogalal Mandore v. Bastiram Himatram Bhutada) on 11th of September, 1989. The facts leading to this petition, however, have got to be stated.
2. The respondent as a landlord filed a suit, being Regular Civil Suit No. 221 of 1971, against two brothers, hereinafter referred to as "defendants Nos. 1 and 2". The suit was filed on two groun
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