Badrinarayan Ramkuvar ... vs Shakuntala Vinayak Naik And Ors
2022 Latest Caselaw 6252 Bom

                                                                           3-CRA-12-22.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                  CIVIL REVISION APPLICATION NO. 12 OF 2022

Badrinarayan Ramkuvar Khandelwal                         ..APPLICANT
      VERSUS
Shakuntala Vinayak Naik and Others                       ..RESPONDENTS

                                         ....
Mr. S.V. Natu, Advocate for applicant
Mr. S.P. Shah, Advocate for respondent nos.1 to 4 and 6
                                      ....

                                                CORAM : R.G. AVACHAT, J.

DATE : 04th JULY, 2022

PER COURT :

1. Heard.

2. The applicant is a tenant in possession of the suit premises, used

for commercial purpose. The respondents-landlords filed the suit for eviction

on the ground of default and bonafide requirement. The trial Court decreed

the suit. The appellate Court has confirmed the judgment and decree passed

by the trial Court.

3. Heard learned counsel for the applicant at length. According to

him the impugned judgment and decree are perverse one. Learned counsel

for the respondents-landlords has brought to the notice of this Court that the

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3-CRA-12-22.odt

applicant-tenant is doing his business in some other premises in the very

town. This Court is, therefore, not inclined to grant the applicant relief.

4. Learned counsel for the applicant then came around to ask for one

year's time to vacate the suit premises. Learned counsel for the respondents

opposed.

5. This Court is of the view that the applicant-tenant be given a time

of ten months to vacate the suit premises on the following terms and

conditions :-

(i) The applicant shall vacate the suit premises within a period of ten months from the date of this order.

(ii) The applicant shall furnish an undertaking before the trial Court that he will vacate the suit premises within the time frame and will not create any third party interest therein.

(iii) The applicant-tenant shall pay a sum of Rs.1,000/- per month for a period of these ten months.

(iv) The amount shall be given due set off in the proceeding that may be initiated by the respondents/landlords for determination of the mesne profit.

6. In view of above, civil revision application stands disposed of.

( R.G. AVACHAT, J. ) SSD

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