BHAURAO Vs. SAVITRIBAI

JUDGEMENT

(1.) THE non-applicants/landlords were the plaintiffs in the earlier proceedings Special Civil Suit No. 346 of 1983. They had filed the said suit against the present applicant/ tenant for ejectment and possession without permission from the Rent Controller since no permission was then necessary. That suit was decreed ex parte vide order dated 23-12-1983. The present non-applicants are the owners of the three storied building "prayag Sadan" situated in Ward No. 1, Variety Square, bearing House No. 1, Nagpur. In the present proceedings, we are concerned only with the first floor of the said building. In pursuance of the decree in Special Civil Suit No. 346 of 1983, the non-applicants/ landlord got possession of the first floor. The applicant/ tenant challenged the ex parte decree by way of first appeal before this Court. The appeal was dismissed by this Court on 14-2-1985. Thereafter the tenant filed Special Leave Petition before the Supreme Court of India, but that was also dismissed on 26-5-1986. Thus, the decree for ejectment and possession obtained by the present non-applicants/landlords in Special Civil Suit No. 346 of 1983 against the present applicant/ tenant became final.

(2.) THE applicant/ tenant filed Regular Civil Suit No. 1134 of 1984 on 2-8-1984 against the non-applicants/landlords for a declaration that the ex parte judgment and decree dated 23-12-1983 in Special Civil Suit No. 346 of 1983 was obtained by fraud. The applicant/ tenant also applied for temporary injunction. The 4th Joint Civil Judge, Junior Division, Nagpur, vide order dated 2-8-1984 directed the non-applicants/landlords to open the lock which they had put on the first floor. In pursuance of this order, the applicant/tenant got possession of the first floor. The non-applicants/landlords challenged the order of injunction passed by the trial Court by way of an appeal before the District Court, Nagpur (Misc. Civil Appeal No. 188 of 1984 ). However, the appeal was dismissed and hence the non-applicants/ landlords had to approach this Court by way of revision (Civil Revision Application No. 55 of 1986) When the matter came up for hearing before this Court on 14-3-1990, the applicant/ tenant filed a pursis which reads as under:

(3.) IN view of the withdrawal of Civil Suit No. 1134 of 1984, the non-applicants/landlords filed an application for restitution of possession of the first floor on 13/03/1990. The trial Court, vide order dated 6/04/1990, directed the applicant/ tenant to restore possession of the first floor to the non-applicants / landlords. This order was challenged by the applicant/ tenant in appeal before the 6th Additional District Judge, Nagpur, but the appeal also came to be dismissed by an order dated 24/04/1990 and hence this revision.