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1995 Supreme(SC) 961

KULDIP SINGH, S.SAGHIR AHMAD
Laxmikant Revchand Bhojwani – Appellant
Versus
Pratapsing Mohansingh Pardeshi – Respondent


Advocates:
A.M.KHANWILKAR, J.S.VAD, S.B.VAD, SOLI J.SORABJI

JUDGMENT

KULDIP SINGH, J.-Special leave granted.

2. Shantabai, predecessor-in-interest of the respondents herein, instituted a suit under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Act) for possession of the suit premises against the appellants-tenants. The suit was decreed by the trial court. The appellate court reversed the judgment of the trial court and decreed (sic dismissed) the suit. The Aurangabad Bench of the Bombay High Court set aside the judgment of the appellate court and restored that of the trial court. This appeal, by the tenants, is against the judgment of the High Court.

3. The suit premises was rented to the appellants for residential purposes at a monthly rent of Rs 70. The rent was, later on, increased to Rs 80. The landlady served a notice dated 28-7-1972 terminating the appellants tenancy on the grounds of default in payment of rent and bona fide requirement by her. It was mentioned in the notice that arrears of rent from 1-4-1971 were due from the tenants. As far as the bona fide requirement is concerned the trial court rejected the case of the landlady. On the issue of arrears of rent the trial court negatived the contention of the














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