VASANT MAHADEV PANDIT Vs. ZAIBUNNISA ABDUL SATTAR DHURU

JUDGEMENT

(1.) BOTH these writ petitions are directed against the judgment of the Addl. District Judge, Thane dated 2-9-1993 in Civ. Appeal No. 295 of 1989.

(2.) BOTH these writ petitions can be disposed of by a common judgment as they relate to the same suit property between the same parties arising from the suit instituted by the respondent No. 1.

(3.) BRIEFLY stated, the respondent No. 1 herein filed suit against (1) Vasant Mahadev Pandit petitioner No. 1 in W. P. No. 4171 of 1993; (2) Laxman Mahadev Pandit brother of Vasant Pandit and husband of Sunanda Pandit petitioner No. 2 in Writ Petition No. 4171 of 1993; and (3) V. R. Salvi father of the petitioner in Writ Petition No. 4195 of 1993. The said suit was filed before the Civil Judge, S. D. , Pune being R. C. Suit No. 759 of 1977 for possession of the suit property bearing Tika No. 3 City Survey No. 243, Mahagiri, Thane. The gravemen of the ground in the said suit was that the suit premises were let out to Vasant Pandit defendant No. 1 for residence, however, he left the suit premises and inducted his brother Laxman original defendant No. 2 and Mr. V. R. Salvi defendant No. 3 the father in law of his another brother Bhalchandra. In other words, the suit for possession was instituted by respondent No. 1 on the ground that the original tenant Vasant unlawfully sub-let the suit premises to defendants 2 and 3. Besides the ground of subletting, in para 2 of the plaint, respondent No. 1 further asserts that Vasant Pandit original defendant No. 1 also indulged in profiteering by charging monthly rent of Rs. 50/- from defendants 2 and 3 without consent and/or permission of respondent No. 1 herein. Although other ground is mentioned in the plaint, however, parties have confined the matter only to the ground of sub-letting and profiteering.