KRISHANABAI YALLAPA SURYAVANSHI Vs. YASHWANT SAKHARAM LOHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the Appellants and the Respondents. The Appellant No. 1, Appellant No. 9 and the Respondent No. 1 since deceased, their legal heirs are already brought on record.

(2.) THE brief facts of this case are that one Yallappa Suryavanshi (husband of deceased Appellant No. 1), was allotted Plot No. K10 (now renumbered as A115), by the Respondent No. 2 Society. It appears that the scheme was that the allottee was to pay a certain amount towards the construction of premises and the balance was to be paid in instalments. It is also an admitted position that the said Yallappa Suryavanshi had paid to the Respondent No. 2 Society, a sum of Rs. 750/ - towards the construction of the said premises. It appears that a small tenement admeasuring about 400 sq. ft. was constructed on the said plot. Suddenly, the Respondent No. 2 seems to have inducted one Yashwant Sakharam Lohar Respondent No. 1, who is now dead and being represented by his legal heirs in this appeal. Since the said Society Respondent No. 2 had illegally inducted Yashwant Sakharam Lohar - Respondent No. 1 in the said premises, the said Yallappa Suryavanshi had called upon Yashwant Sakharam Lohar to hand over possession of the said premises by his notice dated 19th August, 1974. The said notice was replied by Yashwant Sakharam Lohar contending therein that he was a protected tenant under the provisions of Bombay Rent Act and therefore he was not liable to be evicted therefrom.

(3.) IN the meanwhile, the said Yallappa had died and therefore his legal heirs had filed an execution application being Regular Darkhast No. 258/ 78 for execution of the said Award passed by the Officer on Special Duty. Thereafter, the said Yashwant Sakharam Lohar realised that pursuant to the aforesaid Darkhast he would be evicted from the said premises and hence, he filed a Regular Civil Suit No. 47 of 1978 before the Second Joint Civil Judge, Jr. Divn. Kolhapur, for two reliefs, namely, (i) for a declaration by the said Civil Court that the Award dated 24th February, 1975 passed by the Officer on Special Duty in the case bearing No. ABN/176/1974 -75 was a nullity, and that (ii) for an injunction restraining the said Yallappa from dispossessing him. This suit was contested and ultimately the same was dismissed by the learned Second Joint Civil Judge, Jr. Divn. Kolhapur by his judgment and order dated 31st July, 1980.