Vijay S/O Tarachand Kamble v. Kisan Abhiman Shambharkar (Dead) Thr. Lrs. Suvarna Kisan Shambharkar And Other

2025:BHC-NAG:9184 43 SA 193.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 193 OF 2025 Vijay s/o. Tarachand Kamble Vs.

Kisan Abhiman Shambharkar (dead) through LR's Smt. Suvarna and anr. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A. S. Dhore, Advocate for appellant.

CORAM : ROHIT W. JOSHI, J.

DATE : 17.09.2025.

.

The appellant is the original defendant. The plaintiff is the landlord of the defendant. The relationship between the parties is not in dispute. The suit property is situated at Tah. Maregaon, Dist. Yavatmal. It is not in dispute that the provisions of the Maharashtra Rent Control Act, 1999, are not applicable to Maregaon, Dist. Yavatmal.

2.

In that view of the matter, the protection of the Rent Control Act is not available to the defendant. The landlord has terminated the tenancy. The lease is an oral lease. It is not in dispute that tenancy was terminated by the plaintiff/landlord by issuing proper notice as contemplated under Section 106 of the Transfer of Property Act, 1882.

3.

Both the Courts have concurrently decreed the suit for eviction and possession.

43 SA 193.25.odt 4.

On perusal of judgments delivered by both the learned Courts, in the considered opinion of this Court no substantial question of law arises for consideration. 5.

Accordingly, the second appeal is dismissed.

(ROHIT W. JOSHI, J.) Tanmay