Extract of bank account signed by agent of bank is sufficient

[bpagrawal]

Radheshyam G. Garg vs Safiyabai Ibrahim Lightwalla on 19 January, 1987
Equivalent citations: AIR 1988 Bom 361, 1987 (3) BomCR 459
Bench: A Agarwal
ORDER
1. This petition has been filed by the original defendant tenant seeking to challenge the judgments and decrees of of both the lower Courts decreeing the suit of the respondent-plaintiff for possession under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Bombay Rent Act").
2. The premises which are subject matter of the dispute in the present petition consists of one room in Ever Ready Cottage situate at Virar, taluka Vasai, District Thane. The said premises were let to the defendant in the year 1958 at a monthly rent of Rs. 25/-. The said premises originally belonged to one Asmabai who on 1st Aug., 1975 executed a registered sale deed in favour of her three daughters, who were plaintiffs in the suit for possession. The present suit came to be filed on 2nd Oct., 1975 by the plaintiffs, the daughters of said Asmabai, after they had given to the defendant their notice of attornment dated 21st August 1975 wherein they had informed the defendant that the premises had been transferred by Asmabai in their favour by a registered document. The said notice alleged that the defendant had acquired alternate suitable residence inasmuch as he had been allotted railway quarters at Andheri and he had shifted as far back as in Jan. 1965. It was also alleged that the defendant had unlawfully sub-let the suit premises.

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