Shaikh Babbu S/O Shaikh Chand vs Nawaz Khan S/O Noor Khan And Others
2022 Latest Caselaw 10821 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 6445 OF 2022
                          ( Shri Shaikh Babbu s/o Shaikh Chand
                                           Vs.
                         Shri Nawaz Khan s/o Noor Khan & Ors. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. S.S. Ghate, Advocate for the Petitioner.


                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 17th OCTOBER, 2022.

Heard Mr. Ghate, learned counsel for the petitioner/original defendant, against whom the learned Trial Court by the judgment dated 10.01.2017 declined to grant a decree for eviction under Sections 15(3) and 16 (1)(g) of the Maharashtra Rent Control Act (Page 83 and 89) on the ground, that there was no jural relationship between the plaintiffs and defendant on the ground of existence of the agreement of sale dated 05.11.1996 between the plaintiffs and defendant, as the defendant was the earlier tenant, who in view of the aforesaid agreement became a person in possession under the agreement, and therefore, was also not liable to pay rent.

2. The learned Appellate Court by the impugned judgment, has allowed the suit by directing eviction, both on account under Sections 15(3) and 16 (1)(g) of the Maharashtra Rent Control Act.

2 25.WP.6445-2022.odt

3. Issue notice to the respondents for final disposal of the matter at the stage of admission itself, returnable on 22.11.2022.

4. The petitioner to serve the respondents by all modes permissible in law including E-mail and Whats App.

5. By way of an interim order, the judgment in appeal dated 02.12.2021 insofar as it directs eviction is hereby stayed, subject to the condition of the petitioner depositing the arrears of rent with interest as indicating in operative point No. 5 of the judgment of the learned Appellate Court, in this Court by 21.10.2022.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:17.10.2022 14:41