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BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
N. M. Jamdar, J
Shri Hanuman Mishrimal Oswal – Appellant
Versus
Shri Chandrakant Bhagwantrao Chavan – Respondent


Advocates:
For the Applicants: Mr. Shriram S. Kulkarni
For the Respondents: Mr. Girish Paryani

ORAL JUDGMENT:

By this civil revision application, the Applicants challenge the judgment and decree passed by the learned District Judge, Pune, dated 21 June 2006, allowing the Civil Appeal No.83 of 1999 filed by the Respondents and directing the Applicants to hand over possession of the suit premises.

2 The premises in question is a shop on the ground floor of C.T.S. No.1383 situated within the limit of Pune Municipal Corporation. The premises were let out to the father of the Applicants and after his demise the Applicants continued as tenants, running the business from the shop premises. The Respondents filed Regular Civil Suit No.1646 of 1988 in the Small Causes Court, Pune for eviction of the Applicants. The Respondents contended that there were 10 members in the family of the Respondents, they have only five rooms in their possession which were not adequate. The Respondent/Plaintiff No.2 who is an advocate, did not have any office premises. Plaintiff No.3 did not have commercial premises to start his business. Plaintiff No.2 had two sons and they also did not have premises to start their business. The daughters of plaintiff No.4 do not have any place for their school study. Acco

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