ANANT DAGDU SANAP Vs. ARVIND SHRIDHAR GHATPUNDE

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India takes exception to the order passed by the VI Addl. District Judge, Pune dated 23/4/1992 in Misc. Civil Appeal No. 282 of 1991.

(2.) THE petitioners are the owners in respect of the property at 81, Old Narayan Peth, Pune. Undisputedly, the contesting respondent No. 1 is claiming through the original tenant Satyabhamabai Shridhar Ghatpande. The said Satyabhamabai Shridhar Ghatpande was tenant in respect of the premises in the abovesaid property. It is not in dispute that the petitioners instituted insolvency proceedings against themselves. In that proceedings Court Receiver came to be appointed in respect of the property including the suit premises.

(3.) IN the said insolvency proceedings the respondent No. 1 moved an application, being Insolvency Petition No. 12 of 1963 (Ex. 434), praying that the Receiver be directed to pay sum of Rs. 14,000/- with interest thereon at the rate of 15% per annum to him or in the alternative it be ordered that the respondent No. 1 be paid a sum of Rs. 14,000/- and interest thereon from the sale proceeds on account of sale of the property and till such amount is paid to the respondent No. 1 charge for the said sum be kept in respect of the suit property. The said application was rejected by the 5th Joint Civil Judge, S. D. , Pune vide order dated 12-7-1991. Against the said decision respondent No. 1 took up the matter in Appeal being Misc. Civil Appeal No. 282 of 1991. The said appeal has been allowed and the Appellate Court has ordered that an amount of Rs. 13,050/- spent by respondent No. 1 for construction of wall be adjusted in the rent amount as per section 10-D (4) of the Bombay Rent Act i. e. ?th amount of the total rent of the year should be deducted at each year towards the amount spent by respondent No. 1 for construction of the said wall until realisation of the said amount. It is further ordered that in auction sale of the suit property, in insolvency petition, charge of the said amount be kept on the suit property. This judgment has been taken exception to by the petitioners by way of present writ petition.