Pankaj Ramesh Chaudhari vs Rajan Purushottam Pantvaidya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BENCH AT AURANGABAD
R. M. Joshi, J
Pankaj Ramesh Chaudhari – Appellant
Versus
Rajan Purushottam Pantvaidya – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Ram B. Deshpande
For the Respondents:Mrs. R. S. Kulkarni, Advocate holding for Mrs. V. D. Patil Jadhav

Table of Content
1. application for eviction based on landlord's necessity. (Para 1 , 2 , 3)
2. arguments presented regarding bonafide need and tenant's position. (Para 6 , 10 , 12)
3. judicial views on evidence evaluation and requirement principles. (Para 8 , 9 , 14)
4. conclusion on jurisdiction and dismissal of the application. (Para 16)

JUDGMENT :

1. This application is fled under Section 115 of the Code of Civil Procedure by the original defendants/tenants taking exception to the judgment and decree dated 4th January, 2022, passed in Regular Civil Appeal No. 112/2016 whereby the judgment and decree dated 29th July, 2016 passed by the Civil Judge Junior Division, Shirpur in Regular Civil Suit No. 47/2007 decreeing the suit for eviction of tenants under Section 16 (g) of the Maharashtra Rent Control Act, 1999 (for short “the Act”), is confrmed.

2. Parties are referred to by their nomenclature in suit.

3. In short, facts of the present case can be narrated as under :-

Plaintiffs are Medical Practitioners practising at Shirpur for last 30 years. The suit premises is two storied building wherein the frst foor is used for residential purpose and the ground foor is occupied for the purpose

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BENCH AT AURANGABADR. M. Joshi, JPankaj Ramesh Chaudhari – AppellantVersusRajan Purushottam Pantvaidya – Respondent

Cases Referred (1)

BENCH AT AURANGABAD
R. M. Joshi, J
Pankaj Ramesh Chaudhari – Appellant
Versus
Rajan Purushottam Pantvaidya – Respondent