TUKARAM NARAYAN MARGAM Vs. NARSINGH GIRIJI MILL SOLAPUR

JUDGEMENT

(1.) THIS writ petition, under Article 227 of the Constitution of India, takes exception to the Order passed by the 5th Additional District Judge, Solapur dated 19th September, 1989 in Civil Appeal No. 140 of 1986.

(2.) THE petitioner claims to be in occupation of the premises being Room No. 175, consisting of four rooms in Municipal House No. 60/4, Murarji Peth, Solapur. The respondent plaintiff instituted a suit before the Court of Joint Civil Judge, J. D. , Solapur being Regular Civil Suit No. 483 of 1982 for possession of the suit property. The plaint as filed by the respondent would admit the position that the respondent was a textile mill and a public limited company which went into liquidation in the year 1957. The mill properties including the suit premises were auctioned pursuant to the Order passed by the High Court. That the Government of Maharashtra purchased the mill properties in the said Court auction. It is also admitted that Government of Maharashtra thereafter got the mill managed through the Maharashtra State Textile Corporation Ltd. as an agent under the unemployment relief scheme from 1-4-1958 to 31-3-1976; and thereafter the ownership of the mill has been transferred to the Maharashtra State Textile Corporation Ltd. The plaint also admits the fact that Maharashtra State Textile Corporation Ltd. is registered under the Indian Companies Act. In other words, the suit property was formerly the property owned by the Textile Mill respondent herein which eventually went into liquidation. The trial Court has decreed the said suit for possession as filed by the respondent against the petitioner. Even the appeal filed by the petitioner has been dismissed by the District Judge, which Order is the subject matter of challenge in the present writ petition.

(3.) THE short question that arises for consideration in the present writ petition is, whether the suit as filed by and in the name of the respondent herein can be said to be maintainable or barred by Law ?