Kasam Amin Waikar vs Amit Vasant Jadhavand Ors
2022 Latest Caselaw 567 Bom

                       (8)-CRA-128-20.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                 CIVIL REVISION APPLICATION NO.128 OF 2020
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2022.01.18

                       Kasam Amin Waikar                                   ..Applicant
          10:55:16
          +0530



                            Versus
                       Amit Vasant Jadhav and Ors.                        ..Respondents

                       Mr. Vishwajit P. Sawant, Senior Advocae a/w Mr. Veerdhaval Kakade
                       i/by Nitin S. Dhumal, for the Applicant.
                       Mr. Prajakt M. Arjunwadkar, for Respondent No.1.

                                                     CORAM : NITIN W. SAMBRE, J.

DATE : 17th JANUARY, 2022

P.C.

1. Heard Mr. Vishwajit Sawant, learned senior counsel for the applicant and Mr. Prajakt Arjunwadkar, learned counsel appearing for respondent No.1.

2. Respondents/plaintiffs initiated simplicitor suit for possession by invoking provisions of Section 106 of the Transfer of Property Act in which application Exh.133 is taken by the applicant/ defendant seeking rejection of plaint under the provisions of Section 7 Rule 11(d) of the CPC alleging that the suit is hit by the embargo provided under the provisions of the Maharashtra Rent Act.

3. The application came to be rejected vide impugned order dated 28th March, 2019.

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 (8)-CRA-128-20.doc.

4. Relying on the judgment of this Court in the matter of Gangadas S/o Moujibhai Patel Vs. Harshvardhan S/o Balkrushna Bhadupotey and Ors., the submissions are even it is presumed for the sake of what was added to the expression of open land which was to be handed over by the petitioner, however, the user of said land was converted and the petitioner/defendant was permitted to use the land for non-agricultural purpose viz. running factory. As such, according to Mr. Vishwajit Sawant the position as was existing on the date of initiation of the suit is to be taken into account and not from date of execution of the agreement.

5. A case for consideration is made out. In that view of the matter, by consent of the parties, application is posted for physical hearing on 2nd March, 2022.

6. In the meantime, further proceedings in Special Civil Suit No.57 of 2018 shall remain stayed.

                                          [NITIN W. SAMBRE, J.]




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