Wasudeo Bansilal Malode vs Kanhaiyalal Ghulabchand Zanwar ...
2023 Latest Caselaw 8187 Bom

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

                  CIVIL REVISION APPLICATION NO. 116 OF 2022
                        WASUDEO BANSILAL MALODE
                             VERSUS
 KANHAIYALAL GULABCHAND ZANWAR (Dead), NAWALKISHOR K. ZANWAR & OTHERS
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Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. Dhiraj S. Joshi, Advocate for the applicant

                                  CORAM : G. A. SANAP, J.

DATE : AUGUST 09, 2023.

1. Heard Mr. Dhiraj S. Joshi, learned advocate for the applicant.

2. The applicant/tenant has suffered the decree of eviction on the ground of non-payment of rent during pendency of the suit for eviction, filed by the respondents/ landlords.

3. It is undisputed that within 90 days from the date of service of the summons, the arrears of the rent were paid. It is also seen from perusal of the judgment of the trial Court that during pendency of the suit, the accrued rent for 28 months was paid. It is also seen that the dispute was with regard to the non-payment of rent for 10 months, interest on the arrears of rent and the municipal taxes.

4. Learned advocate for the applicant submits that the municipal taxes were separately paid by the applicant and the said fact has been proved. It is pointed out that only on

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the ground of so called failure to pay 10 months' rent, the decree of eviction has been passed against him. It is submitted that the applicant is the tenant since last 40 years.

5. On going through the record, I am of the view that the issues raised in this revision application are required to be decided on merits.

6. Issue notice to the non-applicants for final hearing at admission stage.

7. In the meantime, subject to deposit/payment of rent, municipal taxes and interest on the arrears of rent, there shall be stay to the execution of the impugned judgment and decree, passed in Regular Civil Suit No. 341/2014.

8. Notice returnable on 06.09.2023.

JUDGE Diwale