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Bombay High CourtCAC/181/2017disposed off

Henry Christie Joseph v. Smt. Jallubai Papanna Rudrap (Since Deceased) And ORS.

2017-10-09Hon'Ble Shri Justice M.S. Sonak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 181 OF 2017 IN CIVIL REVISION APPLICATION NO. 798 OF 2013 Henry Christie Joseph ..Applicant/ Land Lady

IN THE MATTER BETWEEN :

Smt. Jallubai Papanna Rudrap (since Deceased) And Ors.

...Applicant/ Tenants

Versus

Henry Christie Joseph

...Respondent

WITH CIVIL APPLICATION NO. 203 OF 2017 IN CIVIL REVISION APPLICATION NO. 1016 OF 2010 Mr. Henry Christie Joseph ...Applicant/ Land Lady

IN THE MATTER BETWEEN :

Ganesh Laxman Chaphekar And Anr.

...Applicant/ Tenants

Versus

Mr. Henry Christie Joseph

...Respondent

WITH CIVIL APPLICATION NO. 204 OF 2017 IN CIVIL REVISION APPLICATION NO. 1017 OF 2010 Mr. Henry Christie Joseph ...Applicant Land Lady

IN THE MATTER BETWEEN :

N.S. Kamble page 1 of 3

Krishnabai Eknath Kadam & Anr.

(since Deceased) ...Applicants/ Tenants

Versus

Henry Christie Joseph

...Respondent

----- Mr.Rahul Prakash Walvekar for the Applicant.

Mr.Rafique Ahmed Shaikh for the Respondent.

---- CORAM : M. S. SONAK, J.

DATE : 09th OCTOBER 2017 P.C.

1.

Taking into consideration the material on record, as also the payment capacity of the tenants, it will be appropriate if reasonable compensation is determined at Rs.2,000/- per month. In this case, the premises in question admeasure 100 sq.ft. The premises are not used for commercial purposes but only for residential purposes. The learned counsel for the tenant submits that the applicants are poor persons and their ability to pay is a relevant consideration. Taking into consideration all these factors, reasonable compensation is determined at Rs.2,000/- per month. 2.

The aforesaid amount of Rs.2,000/- is required to be deposited with effect from 01.09.2013, since, the eviction decree made by the Appeal Court is dated 22.08.2013. Compensation to be N.S. Kamble page 2 of 3

deposited on or before the 10th day of each succeeding month. 3.

Considering the time gap, three months time is granted for deposit of arrears.

4.

The Civil Application is disposed of.

(M. S. SONAK, J.) N.S. Kamble page 3 of 3