SHANTIBAI Vs. DINKAR BALKRISHNA VAIDYA

JUDGEMENT

(1.) The short facts leading to this civil appeal are as under.

(2.) The suit property was originally owned by Trimbak Hari Awate. He executed a simple mortgage on April 28, 1947 to an extent of 11,000 square feet which represented the entire property for a sum of Rs. 20,000 in favour of Dinkar S. Vaidya. On or about July 7, 1948, Awate executed a lease deed in favour of Shankar Godaji Gore. The purpose mentioned in the lease deed was residence and shops. Under the lease deed, the lessee was authorised to sub-lease. The period of lease was 25 years. The annual rent was Rs. 1500 payable monthly at the rate of Rs. 125. There was no prohibition from the assignment in the said lease.

(3.) On February 17, 1949, Shankar Godaji Gore, the lessee executed a registered sub-lease in respect of entire land in favour of two persons Sulochanabai Thakur and Krishnabai Sarde, original defendants 2 and 3. The sub-lease was for a period of 99 years and 9 months. The monthly rent was fixed at Rs. 50. Defendants 2 and 3, the sub-lessees constructed fourteen shops on a portion of the land, sublet to them. These shops were let out for rent to several persons. They in their turn assigned their interest to different persons. On November 7, 1949, an area of 4000 sq. ft was sublet by defendants 2 and 3 in favour of Sardar Biwalkar on a rent of Rs. 135 p.m. for a period of 67 years. On the same day of the lease, defendants 2 and 3 sold seven out of fourteen shops to Biwalkar. On December 6, 1952, defendants 2 and 3 assigned all their rights, title and interest in respect of the suit land in favour of Bayajabai Ganpat Gore, Sundarabai Babasaheb Gore and Yashodabai Balasaheb Gore, defendants 6, 7 and 8 respectively.