DALPAT GANPAT KOLI Vs. GANESH DATTATRAYA KERHALKAR

JUDGEMENT

(1.) THE petitioners are the original defendants and the respondent is the original plaintiff.

(2.) THE brief facts of the case are summarised as under : the plaintiff had filed civil suit for possession of the premises and the recovery of arrears of rent, regarding the premises which were situated in the municipal limits at Raver, District Jalgaon bearing C. T. S. No. 760. The original defendant Ganpat Dagadu Koli was tenant of the suit property. The plaintiffs' case is that in the year, 1949, he had let out the suit premises to Ganpat Koli with a condition that he would occupy the suit premises and in exchange supply him milk. In consideration of the supply of milk, the original tenant Ganpat Koli was to enjoy the extreme western end of the suit premises. Ganpat Koli had occupied the premises and was using the same. He expired in the year, 1960. He neither kept up the promise nor he handed over the possession of suit premises to the plaintiff. After demise of Ganpat koli, the defendants were residing in the suit premises without any agreement executed between themselves and the plaintiff. The plaintiff did not give permission to the defendants to occupy and enjoy the suit premises. The wife of Ganpat Koli namely, Sakhabai had also expired in the year, 1982 who was occupying the suit premises. The plaintiff had demanded possession of the suit premises from the defendants. They failed to hand over the vacant possession. Therefore, the plaintiff had filed civil suit which was numbered as R. C. S. No. 126/1963 and 17/1968 for fixing standard rent. The standard rent was fixed at Rs. 17. 80. The defendants were not regular in payment of monthly rent. The rent was outstanding against the defendants. The defendants failed to pay the property tax inclusive of education cess.

(3.) ON 22/01/1986 a notice was issued to the defendants demanding vacant possession. The defendants replied the notice and denied the contentions of the plaintiff. The plaintiff filed a suit for arrears of rent for the period from 1. 12. 1975 to 31. 1. 1986 and the property tax and educational tax. It was specifically contended by the plaintiff that the wife of Ganpat Koli died in the year, 1982 and since then, the suit premises were locked. It was in a non-use condition. It was not used for a period of more than six months from the date of filing of the suit. The plaintiff had contended that he required possession of the suit premises for his bonafide use. The plaintiff is put to hardship. It was contended that the defendant no. 1 owns and possesses two houses in the locality of Raver town, bearing c. T. S. No. 1427/b and 1427/a/2. Both the houses are well equipped and hence, the defendants were not in need of tenanted premises.