RADHAKISHAN BABURAO BABAR Vs. THE DISTRICT JUDGE, JALNA
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Radhakishan Baburao Babar
The District Judge, Jalna
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RAVINDRA V.GHUGE, J. -
(1.) The deceased petitioner, now appearing through his legal heirs, has challenged the judgment dated 23.10.1989, delivered by the Rent Controller, Jalna in Eviction Case No.
84/RC/CR/5, that was instituted on 9.1.1984. The date of the judgment is wrongly mentioned in the prayer clause of this petition as 12.12.1989.
(2.) I have considered the strenuous submissions of the learned Advocates for the respective sides on 29.6.2017, 13.7.2017 and today. I have perused the record and proceedings with their assistance.
(3.) The petitioner was the defendant in the Eviction Case instituted by the respondent under Section 15 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1964. It is not in dispute that the judgment dated 23.10.1989 is delivered ex-parte as the Court has concluded that the petitioner
did not appear in the matter, despite service. It is specific contention of the petitioner in this petition
and throughout before all the authorities, that he had never been served with the notice of the Rent
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