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Allahabad Bank vs Prakash Shankar Wagh on 3 April, 2006

He would also bring it to the notice of this Court a judgment reported in AIR 2006 Bombay 321 (Allahabad Bank ..vs.. Prakash Shankar Wagh) for the same principle. He would further submit in his arguments that the appellant / tenant had expended much for keeping the cylinders in the tenanted premises by levelling the ground and the said circumstance should also be considered while passing any order. He would further submit that the first appellate court did not consider the effect of amendment made in Section 106 of the Transfer of Property Act, but had applied the said amendment to the present case and passed an order of ejectment, which is not sustainable. Therefore, he would request the Court to interfere with the judgment and decree passed by the first appellate court and to set aside the same and thereby, dismiss the suit filed by the respondent / plaintiff. Thus, the Second Appeal may be allowed.
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