SHARFUNNISA Vs. MARUTI SAKHARAM KALE

JUDGEMENT

(1.) THESE two Writ Petitions are filed challenging the judgments delivered by the joint Civil Judge (Junior Division), Ahmednagar, in Regular Civil Suit No. 665/76 and Regular Civil suit No. 666/76, and further confirmed by the extra Assistant Judge, Ahmednagar, in Regular civil Appeal No. 250/81 and Regular Civil Appeal no. 249/81, respectively.

(2.) THE said two suits were filed by the present petitioner against the respondents Daulat and Maruti who are brother s inter se. The petitioner contended that she was the landlady of house No. 497 and the two defendants from the two suits were tenants in the said property, each possessing different portion and each had agreed to pay monthly rent of Rs. 20/ -. The plaintiff had claimed possession on the ground that the tenants had committed default in payment of rent and also on the ground that the defendants had caused damage to the property. They were causing nuisance to the neighbours and that the plaintiff required the suit property reasonably and bona fide for her personal occupation.

(3.) THE two defendants filed separately two written statements in the two suits but took the same stand. They denied that the plaintiff was landlady of the suit property and that they were the tenants of the suit property on monthly rent of Rs. 20/ -. They also denied that they had caused damage to the property. They were causing nuisance to the neighbours and that the plaintiff required the suit property reasonably and bona fide for her personal occupation.