Mr. Mahadeo Maruti @ Babu Lange (Deceased Thr. L/H.) 1 Smt. Annapurna Mahadev Lange v. Shri. Madhukar Krushnaji Nene

1706sa438.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Second Appeal No.438 of 2013 (Mr. Mahadeo Maruti @ Babu Lange, since deceased through his legal representatives Smt. Annapurna Mahadev Lange and others v. Shri Madhukar Krushnaji Nene and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Sagar Gharat, Advocate for Appellants.

Shri Mandar Limaye, Advocate for Respondents. Coram : R.K. Deshpande, J.

Dated : 17 th June, 2015 The tenancy has been terminated upon giving notice, as required by Section 106 of the Transfer of Property Act, 1882. The suit land is the open land, to which Maharashtra Rent Control Act, 1999 does not apply. The notice was issued on 6-6-2002. It was received on 5-7-2002. Fifteen days' period of notice expired on 21-7-2002. The suit was filed on 12-8-2002. Both the Courts below are concurrent in holding that the tenancy was lawfully terminated and, therefore, they have directed delivery of possession.

Thus, no substantial question of law arises in this second appeal. The second appeal is dismissed.

Judge.

Lanjewar