SPAN INDUSTRIES Vs. SHRIDHAR GANESH JAMSANDEKAR

JUDGEMENT

(1.) This writ petition was assiduously and elaborately argued on behalf of the both the petitioners as well as respondents. However, I find that the concurrent decree for eviction passed by both the courts below has got to be sustained atleast on one of the grounds urged on behalf of the original plaintiff. The petition, therefore, can be disposed of on the said narrow ground. However, since the petition was argued at length on all the points. I will give brief indications as regards the points urged before me and the tentative view taken by me in that behalf.

(2.) Both the petitions arose out of a common judgment and common decree of eviction passed by the trial Court and confirmed by the Appellate Court though, to some extent on different grounds. For the sake of convenience, I will refer to the facts stated and averments made in Writ Petition No. 659 of 1981 only. The decision in the other petition will follow the decision in the said Writ Petition No. 659 of 1981. For the sake of further convenience, the parties will be referred to hereafter with reference to their position in the style of the suit in the trial Court; that is to say, as plaintiff, defendant No. 1 and defendant No. 2.

(3.) The suit premises consist of a plot of land admeasuring about one acre, that is to say, about 45,000 sq.ft. being part of C.T.S. No. 2094 at E. Vikramnagar, Kolhapur together with three ground floor structures standing on the same. The entire plot C.T.S. No. 2094 admeasures about 9 acres admittedly the suit premises form a portion of the said C.T.S. 2094.