RAMESHCHANDRA DAULAL SONI Vs. DEVICHAND HIRALAL GANDHI

JUDGEMENT

(1.) Though different orders, dated 20.07.2015 passed in CRA No.112/2012 and dated 15.10.2018 passed in CRA No.157/2018 are assailed in these two appeals, issues for consideration however arise out of the common lis between the parties based on the judgment passed in the Regular Civil Suit No.253/1989 to which the appellants in C.A. No.9834/2016 were defendants No.1 and 2 while the predecessor of appellants in C.A. No.8450/2019 was defendant No.5. Hence both these appeals were taken together for hearing and are being disposed by this common judgment. For the sake of convenience and clarity the parties would be referred in the same rank assigned to them in the suit. Since the claim of the appellants in C.A. No.8450/2019 is in the capacity of legal representatives of the deceased original defendant No.5, the case put forth by them will be considered by referring to them as defendant No.5.

(2.) The brief facts noticed for the purpose of disposal of these appeals is as hereunder. The property bearing S.No. 9/1/A measuring 22 guntas situate at Chahurana Bk., Taluka Nagar, Ahmednagar District presently bearing Plot No.19 within Ahmednagar Municipal Limits, measuring 2656 sq mtrs (hereinafter referred to as the 'suit property') which earlier belonged to Deshmukh Brothers was purchased by the plaintiff under a Sale Deed dated 08.08.1986. The plaintiff thereafter secured the Revenue entries to be recorded in his name. As on the date of purchase the predecessor of defendants No.1 and 2 was the tenant in respect of the suit property paying the rent of Rs.31/ per annum. The defendants No.1 and 2 thereafter continued as the tenants. The plaintiff informed the defendants No. 1 and 2 through the communication dated 06.12.1986 about the purchase and had sought for payment of the rents. The defendants No. 1 and 2 failed to pay the same and since according to the plaintiff the defendants were also not using the premises for the purpose for which it was let out, the plaintiff termed the defendants No. 1 and 2 as defaulters and instituted the Regular Civil Suit No.253/1989 seeking eviction of the defendants No. 1 and 2 as also the defendants No.3 to 7 whom the plaintiff described as the subtenants in the premises.

(3.) The defendants in the suit were issued with the suit summons. The defendants No. 1 and 2 appeared and filed their respective written statement. The defendants No. 3 and 5 did not choose to file the written statement while the defendants No. 4, 6 and 7 did not appear before the Trial Court and were therefore, proceeded exparte. The defendants No. 1 and 2 opposed the claim made in the plaint on merits, apart from contending that the suit was barred by limitation. The fact that their predecessor had taken the premises under lease deed dated 22.05.1928 for a period of 31 years on the annual rent of Rs.31/ was admitted and that the lease deed expired by efflux of time on 22.05.1959 was also stated. The said defendants however contended that they were not informed about the purchase by the plaintiff. The Trial Court based on the rival pleadings had framed as many as eleven issues. The parties in order to discharge their burden cast under the issues had tendered evidence. The Trial Court by its judgment dated 13.10.1998 decreed the suit and directed the defendants No.1 to 7 to handover actual physical possession of the suit property and also to pay the amount of Rs.162/. Further, enquiry regarding mesne profits was also ordered. The defendants No.1 and 2 claiming to be aggrieved by the said judgment preferred an appeal before the Principal District Judge, Ahmednagar in Regular Civil Appeal No.315/1998. The Appellate Court having adverted to the rival contentions has dismissed the appeal through the judgment dated 18.02.2012. The cross objections filed by the plaintiff and the defendants No.2 to 6 was also dismissed. The defendants No.1 and 2 claiming to be aggrieved by the said judgment were before the High Court of Judicature at Bombay, Bench at Aurangabad in CRA No.112/2012. The High Court having taken note of the rival contentions has by a detailed order dismissed the revision application. The analogous Civil Revision Applications filed by the remaining defendants in CRA No.113/2012 and 114/2012 were also disposed of by the same common judgment dated 20.07.2015. It is in that background, the defendants No.1 and 2 claiming to be aggrieved by the concurrent judgments are before this Court in this appeal. The connected appeal in C.A. No. 8450/2019 is against the order dated 15.10.2018 arising out of execution proceedings in regular darkhast No. 15 of 2016.