SHRIDHAR DATTATRAY KALE Vs. SHRIRANG DESHAV SAMANT-NEVALKAR

JUDGEMENT

(1.) HEARD learned counsel appearing for the Applicant and the learned senior counsel appearing for the Respondents.

(2.) THE Respondents are the legal representatives of the original Plaintiff. The Revision Applicant is the legal representative of the original Defendant. The suit premises is a premises admeasuring 30' x 12' in a House Property No.1691 (Mangar) situated at Nevalkar Compound at Malwan. The case made out by the original Plaintiff is that the suit premises was let out to the original Defendant Smt. Hemlata Dattaraya Kale in the year 1977-1978 and that the original Defendant was staying in the suit premises along with her family. It is alleged in the suit that the son of the original Defendant and her daughter-in-law were residing in another house in Malvan and the original Defendant was residing with them. It is alleged that the daughters of the original Defendant were married and are residing in their respective matrimonial homes.

(3.) THE present Revision Applicant filed a Written Statement contending that his son Niranjan was residing with the original Defendant at the time of her death in the suit premises and, therefore, he is a necessary and proper party being a tenant. It is alleged that for starting a Kindergarten or montessori school, the original Plaintiff had granted oral permission to the original Defendant. It is alleged that a swing has been installed prior to the institution of the earlier suit after obtaining permission of the original Plaintiff. It is alleged that the platform has been constructed by the original Plaintiff for herself. It was alleged that the shed in existence in the open space was let out to the original Defendant. The allegation of causing damage to the suit premises as well as the allegation of nuisance and annoyance have been denied by the Revision Applicant.