LAXMIBAI GANPATI BHINGARE Vs. SHIVAJI DNYANI SALUNKHE
HIGH COURT OF BOMBAY
Laxmibai Ganpati Bhingare
Shivaji Dnyani Salunkhe
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G. S. Kulkarni, J. -
(1.) The petitioner-tenant who suffers a decree of eviction in a civil suit as filed by the respondent-landlord and as confirmed in an appeal by the appellate Court is before the Court in this petition under Article 227 of the Constitution.
(2.) The petitioner is the tenant (Original defendant) and respondent (Original Plaintiff) in Regular Civil Suit No.325 of 1979 filed before the Court of Civil Judge, Junior Division at Sangli. During the pendency of this petition, the petitioner tenants-Smt Laxmibai Ganpati Bhingare expired and her legal heirs who were brought on record pursue this petition. For convenience, the parties are referred as they originally stand when the petition came to be filed.
(3.) In nutshell, the facts are :-
The respondent instituted the civil suit in question for recovery of possession of the suit property which is a open plot admeasuring 30 sq.ft x 20 sq.ft out of city survey No.1009 of 2004 situated in Gaonbhag locality at Sangli, as also for possession of the encroached open land admeasuring 200 sq.ft towards northern side of the let out premises.;
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