SHRIRAM DHONDIBA KACHI Vs. SHANKAR KHANDU JADHAV

JUDGEMENT

(1.) BY this writ petition under Article 227 the petitioners have challenged the judgment of the VII Addl. District Judge, Pune dated 6-10-1986 in Civil Appeal No. 13 of 1985. The petitioners are the successors in interest of the original plaintiff, who claimed to be the landlord in respect of the premises in question. Whereas, the respondents are the original defendants. The respondent No. 1 (original defendant No. 1) is the tenant in the suit premises.

(2.) ACCORDING to the Ld. Counsel the conclusion recorded by the Appellate Court on issue No. 2 as to whether there existed relationship of landlord and tenant between the plaintiff and defendant No. 1 is erroneous.

(3.) BOTH the trial Court as well as the Appellate Court have referred to the chequered history of litigation between the petitioners and the respondents 2 and 3. It is seen that the respondent No. 2 (Original defendant No. 2 in the present suit) had instituted a suit being Special Civil Suit No. 85 of 1962 for a declaration that the plaintiff Shriram was not validly adopted son of Devalabai and that respondents 2 and 3 (original defendants 2 and 3 in the present suit) were the owners of the suit property. The parties eventually arrived at a compromise in the said proceedings in First Appeal No. 267 of 1964 before this Court. Clause 8 of the said compromise has direct bearing on the question raised in the present proceedings. Clause 8 is reproduced thus :