MALATI GANESH SHEVGAONKAR Vs. MARTAND JAGANNATH MUNGI

JUDGEMENT

(1.) BOTH these writ petitions take exception to the judgment and order passed in Regular Civil Appeal No. 341 of 1989 by the District Judge, Ahmednagar dated 2nd December, 1991 thereby confirming the judgment and order dated 20th February, 1989 passed by the Civil Judge, Junior Division, Ahmednagar in Regular Civil Suit No. 792 of 1983.

(2.) THE present respondent i.e. original plaintiff filed Regular Civil Suit No. 792 of 1983 against Ganesh Waman Shevgaonkar for possession of three rooms on ground floor of House bearing CTS No. 5933, Municipal House No. 235. During the pendency of the suit, said Ganesh Waman Shevgaonkar expired and the petitioners herein who are the legal heirs of said Ganesh have filed written statement in the said suit, denying all the contentions of the original plaintiff.

(3.) THE District Judge, Ahmednagar vide its common judgment dated 2nd December, 1991 dismissed the appeal being R.C.A. No. 341 of 1989 and the Civil Revision Application No. 2 of 1989. The learned District Judge while dismissing R.C.A. No. 341 of 1989 reversed the findings of the trial Court in respect of bonafide requirement, however, confirmed the decree of possession only on the ground of alternative accommodation. Being aggrieved by the judgment and order of the District Court, Ahmednagar, original plaintiff filed Writ Petition No. 1001 of 1992 and original tenants filed Writ Petition NO. 233 of 1992.