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2019 Supreme(SC) 95

A.M.SAPRE, R.SUBHASH REDDY
Mahadev P Kambekar (D) Tr. Lrs. – Appellant
Versus
Shree Krishna Woolen Mills Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. E.C. Agrawala
For the Respondent: Ms. Mayuri Raghuvanshi

JUDGMENT :

Abhay Manohar Sapre, J.

1. These appeals are directed against the final judgment and order dated 19.07.2007 passed by the High Court of Judicature at Bombay in Appeal No.169 of 1999 in Suit No.503 of 1980 and in Appeal No.199 of 1999 in Suit No.503 of 1980 whereby the Division Bench of the High Court allowed both the appeals filed by the appellants herein (defendant) and the respondent (plaintiff) herein respectively.

2. In order to appreciate the controversy involved in these appeals which lies in a narrow compass, it is necessary to set out the relevant facts hereinbelow.

3. The appellants are the legal representatives of Mahadev Pandurang Kambekar, who was the original defendant whereas the respondent-Shree Krishna Woolen Mills Pvt. Ltd. is the plaintiff in the Civil Suit out of which these appeal arise.

4. The dispute between the parties relates to the land bearing survey Nos.58 and 60 (renumbered as CTS 741, 741/1 to 741/7) situated at Nahur Bhandup in Bombay suburban District (hereinafter referred to as “the suit land”).

5. The plaintiff claims to be the lessee of the suit land whereas the defendant claims to be the owner/lessor of the suit land on the terms set out in t












































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